Ronald F. White, Ph.D. College of Mount St. Joseph EMPLOYMENT RIGHTS Ronald F. White, Ph.D. College of Mount St. Joseph

Introduction

Stockholder Theory Employment at Will: In the absence of a written employment agreement or a collective bargaining agreement, an employment at will agreement is terminable by either the employer or the employee for any reason that is not contrary to law. Based on Property Rights and Voluntary Contracts Strongest arguments in favor: Problems with Justice Problems with Procedure Role of Government Global Economy

Stakeholder Theory Firing of workers requires balancing the interests of employees against the interests of other stakeholders such as stockholders, consumers, financiers, suppliers, local community. Employment at Will might conflict with other public policy matters. (public, health, law) Voting Court-ordered child support Exercising minimum wage or overtime Whistleblowing Refusing to take a lie detector Expunged criminal record Union activity Filing an OSHA claim Filing retirement, disability claims Filing for bankruptcy Getting fired for refusing to commit an illegal or immoral act? Implied Contracts to Continued Employment- Bad Faith and Good Faith Provisions

Role of Government How much Protection Against Unjust Dismissal? United State: employment is protected by contracts, public policy. European Countries: government regulated dismissal. What is a “fair” procedure for dismissing an employee.

Issues What is a good reason to maintain or fire an employee? Merit Need Equality Utility What is a fair procedure for terminating and employee? Who is better situated to make employment decisions? Unions Employees and Corporations Government What moral principles are relevant? Beneficence or Nonmaleficence Liberty Justice (merit, need, equality, utility) What is “due process?” Relative to contractual obligations Relative to moral obligations