Paper Summary:

In this article, the writer looks at Richard Epstein's defence of the at-will contract. The writer maintains that Epstein is a tactician in terms of his presentation and argumentation but in terms of substance he relies almost completely on smoke and mirrors to support a virtually unsupportable position. The writer argues that at-will employment environments offer very little real incentive for employees to vest fully in their positions because underwriting their entire existence in the at-will workplace, is the implicit threat of sudden job loss. The writer points out that, what first seems brilliant in Epstein's position on at-will contracts, being roughly equitable to the freedom of speech, at his conclusion, suddenly seems shallow and superficial. The writer then notes that for their part, Patricia Werhane and Tara Radin remain if not brilliant then consistent and empathetic to the employer who, in private companies, is subject to sudden job loss without due process and little recourse. They recognize that, irrespective of what Epstein would have the reader believe, at-will contracts are meaningless constructs that do nothing but free employers from any moral or ethical consideration of the employee.

From the Paper:

"However, the at-will contract is a sort of contract in negative where the only obligation is for the employee to show up to work every day at risk of job loss and the long-term negative effect that job loss will have on the employee's successive career. For the employer, there is no substantial financial threat, generally speaking, should an employee leave and certainly the employer does not risk long-term negative consequences due to an employee's departure. The employer merely hires another employee to fulfil that functional role within the company. The employee, on the other had, is often under economic constraints that make such a job loss or employment change catastrophic. At-will contracts are contracts in name only with the only benefit being the employer who is under no obligation to continue to provide employment from one minute to the next. In fact, for Epstein, his argument concludes on a blame the victim note where although some abuse of at-will contracts may exist, it does nothing to undermine the overall perfection of the system .. "

Sample of Sources Used:

• Allott, Philip. The Health of Nations: Society and Law beyond the State. Cambridge, England: Cambridge University Press, 2002.
• Epstein, Richard. "In Defense of the Contract at Will." Ethical Treatment of Employees.
• Werhane, Patricia and Tara Radin. "Employment-At-Will, Employee Rights, and Future Directions for Employment." Business Ethics Quarterly, 13/2(2003): 113. EBSCOhost online database. 30 Jul. 2006<http:search.epnet.com>.

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