The Ethical and Moral Problems of the Legal Doctrine of Employment at Will

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The Ethical and Moral Problems of the Legal Doctrine of Employment at Will
From the time slavery was abolished, labor relations have improved greatly in many democratic societies as a result of growing recognition of the rights of workers. This development is partly attributed to the process of civilization of modern societies, which has created room for the enactment of laws and acknowledgment of ethical values that promote fairness in labor relations. However, the notion of fairness in labor relations has also created room for concepts that stretch the limits what is morally, ethically and legally acceptable or unacceptable. One of these concepts is the doctrine of employment at will, which in its simplest version, states that employers and employees have the right to terminate a contract at will, “for good cause, for no cause, or even for cause morally wrong” (DesJardins 127). However, this doctrine is morally/ethically unsound from the perspective of employees because it creates room for employer rights that are harmful to the best interests of workers.
The major problem with the legal doctrine of employment at will is that it ignores the responsibility of employers to provide fair working conditions to employee and to respect the terms of a contract. For example, employees have a right to work in a safe environment, which obligates employers to implement safety measures such as securing the workplace from external intrusion, keeping the workplace clean, and providing protective clothing. In this regard, employers cannot fire employees for fair working conditions on the basis that they (employers) have the right to hire and fire at will, whereas employees have the liberty to stop working if they are unhappy with the working conditions that the employer is willing or able to provide.
In the quest to protect employee rights, a number of legislative and judicial limitations have been established to limit the power and freedom of employers to unfairly dismiss workers on the basis of the employment at will doctrine. One of these legislations is the Wagner Act, which protects employees’ r...