Patricia H - Patricia H Werhane and Tara J Radin are the...

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Patricia H Werhane and Tara J. Radin are the authors of the article “Employment at Will and Due Process.” Patricia H. Werhane, Professor Emeritus, was formerly the Ruffin Professor of Business Ethics at Darden. She now holds a joint appointment at Darden and at DePaul University, where she is Wicklander Chair in Business Ethics and Director of the Institute for Business and Professional Ethics. 1 Tara J. Radin is Assistant professor of management and general business at the Zarb School of Business at Hofstra University. Her research areas include employment, technology, and stakeholder theory. 2 In this article, “Employment at Will and Due Process”, discusses two doctrines which are Employment at Will (EAW) and Due Process. . It also addresses some justifications and objections for EAW, and shows Werhane’s supportive view to Due Process. She says that the principle of EAW is a common-law doctrine that states that, in the absence of law or contract, employers have the right to hire, promote, demote, and fire whomever and whenever they wish.” Employment at will for the most part favors the employer. There is little employees can do to protect themselves from the whims of the employment at will doctrine. However, “Due process is a means by which a person can appeal a decision in order to get an explanation of that action and an opportunity to argue against it.” “Due process” means “the legal procedures that have been established as a means of protecting individuals’ rights. 3 ” From my view point, due process should be extended to all employees since it is more ethical and fair to them. Nevertheless, the court rarely votes for a fired “at-will” employee unless an employer violates the public policy. 1 2  Employment and employee rights 3
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In this article, Patricia H. Werhane discusses about five main arguments which include Property, efficiency, equality, contract and overregulation arguments. Werhane presents common reasons to justify EAW provided by its proponents, and then shows her objections to each justification. According to property argument, the employer is buying the employee's time and labor. No one
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Patricia H - Patricia H Werhane and Tara J Radin are the...

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