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)

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Presentation transcript:

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)13 th 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 × ? Shirkers Your Darn Skippy!

Consequences of eroding at-will employment S P A I N

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 E temp /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? Consequences of eroding at-will employment E temp /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: 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 Brad Lips 1998 “Temps and the labor market: Why unions fear staffing companies” Regulation pp.31-39