Philosophy Week 11: Employee and Employer Rights

Focus on employee rights and employer rights.
Relation to next week's lectures on the right to occupational safety.
Units discussed:
- Unit 7: Employee and Employer Rights
- Unit 8: Right to Occupational Safety

All authors engage with the theme of libertarianism:
- Epstein and Machen advocate for basic rights: rights to life, liberty, and property.
- Wareham and Spergen argue for additional rights (special worker rights).
- Libertarian Rights (Epstein & Machen): Rights to life, liberty, and property; defended by scholars Maitland and Machen.
- Special Worker Rights (Wareham & Spergen): Rights to due process and occupational safety.

Employment at Will (EAW):
- Common Law Doctrine: In absence of law or contract, employers can hire, promote, demote, and fire employees without restriction.
- Key Point: Employers do not owe reasons for dismissals, nor are they guilty of legal wrongdoing even if firings are morally wrong.
Context: Employees aware of EAW knowingly consent to this arrangement, understanding it gives employers freedom in employment decisions.

Critics argue EAW leads to unjust firings without due process.
EAW is often justified by the concept of freedom of contract.
Following legal precedent, such as Payne vs. Western Atl. Railroad, emphasizes freedom in hiring/firing without interference.

EAW guarantees employers' proprietary rights to hire/fire.
EAW respects bilateral rights between employers and employees:
- Contractual freedom: Both sides can end the employment relationship voluntarily without needing justification.
- Employers can fire at will to avoid costs.
- Employees can quit at will.
Statutory Overreach: Epstein argues that despite labor regulations, common law supporting EAW remains largely in place, thus safeguarding individual contracts and economic liberty.
Statistics: At least 60% of private sector employees in the U.S. work under EAW without due process rights.

EAW does not recognize employees as rational individuals owed reasons for dismissal.
Employees at will fear future job prospects affected by arbitrary firings, which are not equitable for low-skilled workers needy for job security.
Wareham introduces the concept of due process: A process ensuring employees can appeal against decisions.
- Due process has two aspects:
- Procedural: Right to a hearing and grievance procedures.
- Substantive: Demand for rationality and fairness in decision-making, linking morality and justification.
Asserts that due process fortifies employee rights and prevents arbitrary treatment as mere numbers or costs.

Normative Objection: Employees should not be treated as instruments but as persons deserving fair process.
Counterarguments to EAW:
- Due process is necessary to enable fair terminations and promote equity in the workplace.
- Workers are still capable of contributing productivity even when they feel secure enough in their jobs to advocate for rights.

Spergen argues that obtaining occupational safety measures is crucial despite libertarian defenses for employer freedom.
It questions whether businesses prioritizing profit should be exempt from ensuring safety for employees in risky work environments.

Proponents like Maitland argue that extending workplace due process may reduce efficiency and increase costs, leading to diminished competitiveness in the labor market.
Assumption: Workers may prefer higher wages over job security according to utility preferences.

Implications of libertarianism in employee rights were examined through different perspectives.
The tension between employer autonomy and the necessity for employee protections remains a significant theme in labor relations legislation.
Future reflections and writings can explore how EAW affects individual rights and workplace fairness, potentially influencing legislation on employee rights and labor standards.