Essay on Employment at Will: A Deeper Look into the Copious Benefits

Essay on Employment at Will: A Deeper Look into the Copious Benefits

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It is human nature to look out for one’s individual self-interests. This vested interest is what minimizes unjust treatment by other parties and ensures success. Leverage is priceless when presented with an unfair employment scenario. In the case of an employer and employee relationship, too much power on either side can quickly become detrimental. Balancing this power is no easy task and holds no single solution. In this essay, I will propose that the contract at will, or employment at will, is one viable solution that can legitimately benefit both the employer and the employee. My view on this issue is one that is often the minority, as there has been a significant amount of criticism over the contract at will. In a society that is fearful of large and overly powerful corporations, the idea of at will employment can seem absurd to some. Many people believe the contract at will is an easy attempt for corporations to abuse their power against the working man. My arguments that follow will demonstrate how just-cause requirements are not always in the best interests of employees. My defense will include many of the points made by Epstein and other scholars, as well legal cases and my personal opinions. Through the use of the contract at will, I will argue that employment operations can become more efficient and equitable for all parties.
Don’t Fear, Protections Still Exist
One of the strongest arguments against at will employment concerns the fear of wrongful discharge or abuse of power by employers. Through my research, I have found that there are a large number of protections in place to prevent this from happening even in the presence of an at will agreement. The sole presence of an at will contract does not trum...


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...Discharge Protections in an At-Will World." Texas Law Review 74 Tex. L. Rev. 1655 (1996): Print.
Foulkes, Arthur. "In Defense of Employment-at-Will." Ludwig von Mises Institute. N.p., 23 Mar. 2005. Web. 17 Apr. 2011. .
L. Payne v. The Western & Atlantic Railroad Company. 81 Tennessee. 507. Supreme Court of Tennessee. 1884.
Muhl, Charles. "The employment-at-will doctrine: three major exceptions." U.S. Bureau of Labor Statistics. N.p., 5 Jan. 2001. Web. 16 Apr. 2011. .
National Labor Relations Board v. Jones & Laughlin Steel Corp. 301 U.S. 1; 57 S. Ct. 615; 81 L. Ed. 893; 1937 U.S.
"Written Employment Contracts: Pros and Cons." Nolo. N.p., n.d. Web. 16 Apr. 2011. .

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