1 paragraph for each answer, very easy

MUST ANSWER A,B, AND C FOR QUESTION 1 AND 2. 1 PARAGRAPH FOR EACH LETTER(6 PARAGRAPHS ALL TOGETHER) READ THE LINK BELOW FOR THE ANSWERS, YOU HAVE TO WRITE IT IN YOUR OWN WORDS

 

Read Epstein’s Chicago Law Review article at http://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=2290&context=journal_articles 

 

1. Employment at will refers to the American legal doctrine, established in the late 19th century (it did not exist before the 19th century), that employees can quit and firms can fire for any reason or cause: good cause, bad cause, or no cause.  It is a distinctively American doctrine, and it did not exist until government intervention in the economy had expanded during the post Civil War period.  The common-law rule until the 19th century was that employment was for one-year terms unless there was an explicit contract for another arrangement.  Many observers pinpoint an 1884 Tennessee decision, Payne v. Western and Atlantic Railroad, right before the Progressive era, as marking the beginning of the employment-at-will doctrine.  As Epstein points out toward the end of his article, labor unions and left-oriented actvists abhore employment at will; its abrogation would strengthen labor unions.  

      

 

  Reasons  that Epstein gives for why at-will contracting works include, first,  the necessity for firms’  monitoring employees due to a potential for mismatch between the value of a worker’s output and his pay.  A second reason is the need for a “stick” to complement alternative forms of social control–including law suits (in case of fraud or theft), audits, and the carrots of promotions and incentives.  Third, at-will employment makes discipline of employees inexpensive and administratively efficient.  On the flip side of the coin, if  a firm becomes too demanding, the employee has the right to quit.  

(a)    Are unionized firms less efficient and unionized employees less happy than nonunion firms and employees?

(b)   Do the negative reputational effects to firms from firing employees serve to curtail potentially capricious at-will firing?

(c)    Is Epstein right that regulation of employment-at-will will result in increasing government interference in the workplace so that, in the end, all aspects will be regulated?

 2. In Japan, large firms and their employees have lifetime employment agreements.  Employees are carefully selected through intensive testing and job tryouts.  In America, employment-at-will with less-intensive selection processes is the rule. In effect, the first few years of employment serves as a de facto job tryout in America. The decision works both ways.  Voluntary turnover is highest among white collar workers during their first five years. 

(a)    Given the fluctuations in the global marketplace, including Japan–which has suffered a 24-year-old economic slowdown–is Epstein right that it is better to be an at-will employee with a core skill (e.g. accounting, marketing) and marketability across firms than a lifetime employee with firm-specific skills like Japanese employees?

(b)   Do  employment-at-will and voluntary turnover serve as  better screening devices than job tryouts and intensive testing?

(c)    Explain Epstein’s following statement: “The whole question of inequality of bargaining power [favoring the firm in the employment relationship] arises in the bounded context of how much of a supracompetitive wage the worker will obtain.  At the very worst, the worker will get the amount that is offered in some alternative employment where he has built up no specific capital.”

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