Labor Law - II. Employment at Will The Contractarian...

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II. Employment at Will The Contractarian Understanding of Work Relations Contracts serve as the reference pt to identify fair treatment at the workplace Common Law of Industrial Relations (100 years ago) o Employer/employee could end the working relationship for any reason o Each party has the right/freedom to contract Federal/state legislators can take actions to make limitations that are in the interests of the workers other than the right to contract o Imposing a min wage o Limits of # hours a person can work o Min age Still believed that employment decisions are reached by the agreement of the employer and individual worker Epstein, in defense of the contract at will Freedom of contract is part of individual liberty Contract at will is sought by both persons o Must be justified before accepted o Limitations to enter into the contract limits power of worker/employer There are limits to contracts that must be understood o Private contracts that trench upon third party rights Interference with public policy Committing murder/perjury Taking advantage of young, feeble-minded, insane Committing fraud Usually uncommon Employee must understand that he can quit whenever he wants but can also be fired whenever, which may seem unfair Constitution and common law establish freedom of contract as the paramount
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Labor Law - II. Employment at Will The Contractarian...

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