At-will employment

I disapprove of what you say, but I will defend to the death your right to say it. -- Evelyn Beatrice Hall (in The Friends of Voltaire)

Live free or die

… extremism in the defense of liberty is good

Hal W. Snarr

At-will employment

• D of I ─ Individuals are born free, with equal rights, including the right to freely associate with others

• neither slavery nor involuntary servitude…shall exist within the United

States… ─ (92 years later)13th Amendment to the U.S. Constitution

• May I not refuse to trade with any one? … May I not dismiss my domestic servant ?… And if my domestic, why not my farm-hand, or mechanic, or teamster? ─ Payne v. Western & Atlantic Railroad (SCT 1884)

• AWE is legal presumption that workers can be fired “at will” at any time for any reason

• Employers purchase Q from employees with W Employees purchase W from employers with Q

• Don’t need government punishment because the Free market does it better …

• Firing employees over Facebook postings?

• If nothing else, eroding at-will employment further has consequences …

An employment relationship continues if both sides want it to.

×slaves ×?

Shirker

s

Your Darn Skippy!

Consequences of eroding at-will employment

S P A I N

SPAIN Consequences of eroding at-will

employment

SPAIN Consequences of eroding at-will

employment

SPAIN Consequences of eroding at-will

employment

Javier G. Polavieja 2006 “The incidence of temporary employment in advanced economics: Why is Spain different?” European Sociological Review 22(1): 61-78

SPAIN

Ete

mp/E

Employment security

Banking/legal system?

Employment security?

Consequences of eroding at-will employment

Javier G. Polavieja 2006 “The incidence of temporary employment in advanced economics: Why is Spain different?” European Sociological Review 22(1): 61-78

SPAIN

Employment security

Employment security?Employment security?Employment security?Employment security?Employment security?Employment security?Employment security?Employment security?Employment security?Employment security?Employment security?

Consequences of eroding at-will employment

Ete

mp/E

Javier G. Polavieja 2006 “The incidence of temporary employment in advanced economics: Why is Spain different?” European Sociological Review 22(1): 61-78

Consequences of eroding at-will employment

Brad Lips 1998 “Temps and the labor market: Why unions fear staffing companies” Regulation pp.31-39

Consequences of eroding at-will employment

Max Carey and Kin Hazelbaker 1986 “Employment growth in the temporary help industry” Monthly Labor Review April: 37-44

u ≈ 10%u ≈ 8%

Consequences of eroding at-will employment

David Autor 2003 “Outsourcing at Will: The contribution of unjust dismissal doctrine to growth of employment outsourcing” Journal of Labor Economics 21(1): 1-42

Consequences of eroding at-will employment

Rent seeking shirker?

Rent seeking worker?

BAM

BAM

Brad Lips 1998 “Temps and the labor market: Why unions fear staffing companies” Regulation pp.31-39