at will employment

Employment-at-will

Employment-at-will has become a point of contention, especially in modern business operations. The idea has evolved in recent years, with intensified scrutiny and criticism, especially from those who stand to profit from the projects. The concept of employment-at-will refers to the assumption that any person may be fired by the employer for any cause and without having to have any excuse for termination (Kesselring & Pittman, 1993). Similarly, the notion that an employee will terminate his or her work terms at any moment is accommodated.

Bargaining power and discrimination

However, under the inequality of the bargaining power and the domination of discrimination in the workplace, it is likely that the employee is at a disadvantage. Failure to provide justifiable cause for termination may be interpreted as an unfair step especially once an employee adhered to the job requirements. However, any employer is likely to experience turmoil in their operations once they lose an employee under the rule of employment-at-will without warning or reason. Therefore, the law does not offer equal rights to both parties.

Possible solutions

Although the law may seem to protect the employee and the employer at the equal measure, businesses that have workers are allowed the opportunity to choose a policy they see fit. Nonetheless, some changes that may prove effective when seeking to bridge the gap between employee and employer inequality under the labor law. Firstly, it would be imperative that the employers provide justification for any arbitrary dismissal of employees to control the perception and prevalence of discrimination. Similarly, allowing for collective bargaining under all circumstances will enable businesses to reflect on adaptable measures under the labor laws. Companies will also be required to issue first warnings before any termination process to offer the worker an opportunity to change (Kesselring & Pittman, 1993). For employees, ensuring that they do not act partiality in their favor will be needed to issue a warning once they intend to leave their jobs. It will allow the employer to process information and make the necessary operational changes to maintain and sustain the business activities.

References

Kesselring, R. G., & Pittman, J. R. (1993). Employment-at-will: an empirical analysis. Journal of Labor Research, 14(1), 59-67.