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Essay / Employment at Will: A Closer Look at Abundance...
It is human nature to look out for one's own individual interests. This vested interest is what minimizes unfair treatment from other parties and ensures success. Leverage is priceless in the face of an unfair employment scenario. In the case of an employer-employee relationship, too much power on either side can quickly become detrimental. Balancing this power is not an easy task and does not offer a single solution. In this essay, I will propose that at-will contracting, or at-will employment, is a viable solution that can legitimately benefit both the employer and the employee. My opinion on this issue is often in the minority, as there has been plenty of criticism of the contract. In a society that fears large, overly powerful corporations, the idea of at-will employment may seem absurd to some. Many people think that at-will contracting is an easy attempt for companies to abuse their power against workers. My following arguments 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 as legal cases and my personal opinions. Through the use of at-will contracting, I will argue that employment transactions can become more efficient and equitable for all parties. Don't worry, protections still exist. One of the strongest arguments against at-will employment concerns fear of wrongful termination or abuse of power. power of employers. Through my research, I have discovered 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 mere presence of an at-will contract does not ...... middle of paper ...... Discharge protections in an at-will world. " Texas Law Review 74 Tex. L. Rev. 1655 (1996): Print.Foulkes, Arthur. "In Defense of At-Will Employment." Ludwig von Mises Institute, March 23, 2005. Web April 17, 2011. .L Payne v. 81 Tennessee. Labor Relations Board v. Jones & Laughlin Steel Corp. 301 US 1; 57 S. Ct. 1937 US “Written Employment Contracts: Advantages and Disadvantages.” /examples/employmentatwill.pdf