Richard Epstein's 'In Defense Of The Contract At Will'
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Epstein’s Claim Richard A. Epstein in his “In Defense of the Contract at Will” claims that the positions of both employers and employees are essentially even with regard to Employment at Will (EAW). I have found several aspects of his argument to be rather convincing. Namely both Epstein’s arguments regarding the fairness of the contract at will, and the utility of the contract at will’s greater job opportunities afforded to employees.
Fairness of the Contract at Will Epstein declares that freedom of contract is an aspect of individual liberty, and as such it is …unjust to abridge the economic liberties of individuals (Arnold, 2013, page153). He then argues that based on the principle of autonomy; any effort to restrain an individual’s ability to enter into a contract would impose an undue limitation on one’s freedom. Therefore, society, and our representative government, should no more dictate whom; one can marry or vote for, or how we conduct our religious practices. So long as we are of sound mind, and our choices do not pose an emanate threat to the freedoms of another, our autonomy should be respected to include entering into an at will employment arrangement.…show more content… The employer owns his capital while the employee has ownership of his labor. And should the employer impose excessive demands on the employee or deny appropriate pay and benefits the employee preserves the right to quit at any time. While at the same time, the employer maintains the right to terminate the employee, at any time, should they determine that the requisite work is not being properly accomplished. This creates a natural and even balance of power within the employer-employee relationship, in that both have the power to greatly inconvenience the other at