The term employment-at-will refers to the type of working environment where an employer can terminate an employee’s employment at any time for any reason and sometimes for no reason at all. The term also refers to the termination of employment by the employee with no cause or explanation without incurring legal liability. The employer while doing so does not need explanation, good cause, and even does not warn the employee which means that employees are employed at the discretion of the workforce and the officials.
In simple words, employment-at-will is a contractual relationship where both parties, the employee and the employer, are free to quit or terminate the employment agreement without any reason incurring no legal liability. It is a long-standing legal doctrine or precedent in various parts of the United States widely accepted by majority of the organizations and employers as a significant component to manage, control, and operate their corporations in the business world. However, ethically speaking, this doctrine presents a challenge as employers-at-will permit unjust and unfair decision-making without any cause or warning that places an employee in a vulnerable position (Blades, 1967).
Employment-at-will is permitted in nearly all states of the United States but still is a controversial topic when it comes to employee protection laws. Both sides hold compelling arguments regarding the ethical implications of whether the doctrine of employment-at-will should be retained in the US workforce or replaced with an agreement where employers are required to exhibit fairness while terminating an employee. Supporters of the employment-at-will doctrine emphasize its importance in enabling employers in the workforce to make necessary and quick decisions in the rapidly changing economy of the United States (Summers, 2000). On the other hand, proponents of fairness argue for the need for employees’ protection to save the working community from serious negative consequences of injustice and arbitrary decisions.
From an ethical standpoint, it is suggested that employers should be held accountable for the unfair decisions about firing and termination and employees should have a reasonable and balanced expectation of job security in their working environment. Thus, in my opinion, employers should be required to exhibit fairness whenever a decision is made to fire an employee as termination can have significant personal, professional, and financial consequences for the employee as well as increase stress for workers.
References
Blades, L. E. (1967). Employment at will vs. Individual freedom: On limiting the abusive exercise of employer power. Columbia Law Review, 67(8), 1404–1435.
Summers, C. W. (2000). Employment at will in the United States: The divine right of employers. U. Pa. J. Lab. & Emp. L., 3, 65.
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