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

2. Introduction

3. 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

4. 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

5. 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.

6. 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