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Chapter 8
Employment Rights
CHAPTER SUMMARY
Employee rights are important because a substantial portion of people’s lives is dedicated to their
jobs. Acts of injustice, such as wrongful termination, can have dire consequences for employees.
These consequences can include a loss of income, social networks, status, and standard of living.
The appearance of injustice is also a great
concern for employers because workers are very
sensitive to perceptions of unfair or unjust treatment
and act accordingly. Employees may
respond by striking or filing lawsuits, which are both costly and time consuming to defend.
The extent
of employee rights is uncertain. Some rights, such as the alleged rights to
expression,
participation, and a living wage, are arguably “manifesto rights,” which is
to say ideals
perhaps worth striving toward. Other rights, especially due process in
termination, have
more solid moral grounding. A key question about employee rights,
though, is the extent to
which they should be enforced by law. There is a considerable
body of labor law that
ensures fair or just treatment of workers, but on many matters,
such as termination, it is
questionable whether justice should be legally mandated through
regulation or be achieved by more informal
processes in the workplace.
Employee compensation is another hot topic because of the income inequality that exists
between company executives and their workers. Critics argue that executive packages are
often unfair because, unlike worker pay, there is no direct correlation between an executive’s
actual performance and overall compensation. Supporters of hefty executive packages argue
that the only way to attract the top executives is to offer attractive compensation packages
that coincide with their credentials. Proponents contend that these executives are well worth
their pay. They point to statistical studies that have found executive compensation to be in
8.1: Recognize the three basic arguments that justify employment at will and the three
types of exceptions to this doctrine that protect employees from unjust dismissal
8.2: Describe the main arguments and principles of the Model Employment Termination
Act that support the right of employees to due process in employment decisions
8.3: Explain the significance of freedom of expression for employees, the extent to
which it is protected by law, and the arguments for and against this right in the
workplace
8.4: Analyze the correlation between worker participation and workplace democracy and
how Dahl’s argument supports workplace democracy as a right
8.5: Assess the market forces and other factors that influence employee compensation, the
fairness of wages, and justifications for a minimum wage
8.6: Evaluate the reasoning underlying criticisms and justifications of the compensation for
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Copyright © 2017 Pearson Education, Inc. All rights reserved.
top executives
SUGGESTED DISCUSSION PROMPTS
1.
Is the employment-at-will system a good one? What is the best reason for thinking
3.
What restrictions are permissible for employers to place on freedom of expression at
1.
“Employment at will” means that __________.
A.
a worker can choose his or her job
B.
an employee can leave the company any time
C.
an employer can release an employee at any time
D.
a worker has rights to the products of his or her labor
8.1: Recognize the three basic arguments that justify employment at will and the three
types of exceptions to this doctrine that protect employees from unjust dismissal
Difficulty Level: Easy
Skill Level: Understanding
2.
The argument for property rights in labor assumes that _______.
A.
a worker has the rights to his/her labor
B.
an employer has the rights to its employees’ time
C.
an employer has the rights to its employees’ labor
D.
an employer can regulate its employees’ use of time
Difficulty Level: Easy
Skill Level: Understanding
3.
The utilitarian argument for employment at will relies on the idea that .
43
A.
there is an implicit contract of employment
B.
people own the products of their labor
C.
employers and employees both benefit from it
D.
employees have the right to freedom of expression
Difficulty Level: Easy
Skill Level: Understanding
4.
The notion of due process can be used to argue against employment at will because
__
.
A.
employees should own the products of their labor
B.
employment at will can be arbitrary
C.
property rights are most fundamental
D.
due process requires a written contract
Difficulty Level: Moderate
Skill Level: Analyze
5.
People are sometimes afraid to express their views at work because .
A.
it may be against the law
B.
they do not want to stand out
C.
they are afraid of what others might think
D.
they are afraid of losing their jobs
Topic/Concept: Freedom of Expression
Difficulty Level: Easy
Skill Level: Understanding
6.
The Supreme Court has found that government workers .
A.
have a right to free speech about job-related matters
B.
cannot speak to the public about their jobs
C.
have unlimited free speech since they are government workers
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D.
have different free speech rights from other employees
Difficulty Level: Easy
Skill Level: Understanding
7.
Workplaces are “democratic” insofar as _________.
A.
companies are structured like democracies
B.
workers are represented in company decisions
C.
companies are not arranged hierarchically
D.
companies are not headed by a single individual
Difficulty Level: Moderate
Skill Level: Analyze
8.
Ethical arguments for democracy in the workplace are mainly based on .
A.
productivity
B. organizational effectiveness
C.
personal health
D.
legitimizing power
Skill Level: Analyze
9.
Minimum wage is justifiable because ________.
A.
it helps to prevent worker exploitation
B.
it is higher than a living wage
C.
it redistributes income with the middle class as its primary focus
D.
it is the most efficient way to raise income for poor workers
45
Copyright © 2017 Pearson Education, Inc. All rights reserved.
Topic/Concept: Worker Compensation
Difficulty Level: Easy
Skill Level: Understanding
10.
Proponents of minimum wage who argue that extremely low wages are exploitative
assume that .
A.
employers have no choice but to offer low wages
B.
jobs with other levels of wages are available
C.
employers could offer the same jobs at higher wages
D.
workers will not take just any job they can get
Difficulty Level: Moderate
Skill Level: Evaluate
Essay Questions
1.
Assess some of the arguments proponents make for robust executive compensation
packages. Argue why critics are opposed to these types of executive compensation
packages.
8.6: Evaluate the reasoning underlying criticisms and justifications of the compensation
for top executives
Difficulty Level: Moderate
Skill Level: Evaluate
2.
What are the limitations to the employment-at-will system, and how do they arise?
8.1: Recognize the three basic arguments that justify employment at will and the three
types of exceptions to this doctrine that protect employees from unjust dismissal
Topic/Concept: Employment at Will
Difficulty Level: Easy
Skill Level: Understanding
3.
What is the best reason for adopting a minimum wage policy? What is the best
Topic/Concept: Worker Compensation
Difficulty Level: Moderate
Skill Level: Evaluate