Employment at Will

Employment at Will

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Employment at Will

Question Two

Employment at Will (EAW) is a doctrine in American common law which determines one of the starting points for employment negotiations. What is the best moral argument in favor of EAW?  Is EAW morally justified, and why or why not?

            In recent years, the traditional concepts of the law regarding employment relationships of an indefinite duration have been the object of much criticism. The source of this controversy emanates from an application of the recently developed employment at will doctrine (EAW), which ensures that employment relationships of any nature may be terminated at any time with or without notice of cause. The moral reasoning to the employment at will law is that it promotes justice and fairness while instituting terms of employment.

Frequently, employees argue that employers tend to offer them employment policies that are not as just as the law perceives them to be. As a result, many companies tend to lay off workers and employ new applicants regardless of the evidence presented in terms of insubordinate claims or employment requirements and qualifications. This system displays a moral lack of sense to most workers. However, as much as this is the case, the American Common Law of a doctrine regarding EAW offers different moral applications as to the employment terms in any company. The policy that allows employers the right to act in accordance to their will directly affects the employee. The independent policy that allows employers to hire, promote, demote and fire as they please, is perceived as an act of unfairness and an unjust display of professional experience.