At-will employment

1. At-will employmentI 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 goodHal W. Snarr

2. 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 … At-will employment An employment relationship continues if both sides want it to. × slaves × ? Shirkers Your Darn Skippy!

3. Consequences of eroding at-will employment SPAIN

4. SPAIN Consequences of eroding at-will employment

5. SPAIN Consequences of eroding at-will employment

6. 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

7. SPAIN Banking/legal system? Consequences of eroding at-will employment Employment security? Etemp/E Employment security Javier G. Polavieja 2006 “The incidence of temporary employment in advanced economics: Why is Spain different?” European Sociological Review 22(1): 61-78

8. SPAIN Consequences of eroding at-will employment Employment security? Employment security? Employment security? Employment security? Employment security? Employment security? Employment security? Employment security? Employment security? Employment security? Employment security? Etemp/E Employment security Javier G. Polavieja 2006 “The incidence of temporary employment in advanced economics: Why is Spain different?” European Sociological Review 22(1): 61-78

9. U.S.A. Consequences of eroding at-will employment Brad Lips 1998 “Temps and the labor market: Why unions fear staffing companies” Regulation pp.31-39

10. U.S.A. u≈ 8% u≈ 10% 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

11. U.S.A. 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

12. BAM U.S.A. BAM Rent seeking shirker? Rent seeking worker? Consequences of eroding at-will employment DoD: Contractor fraud = $100b 1 in 5000 Feds fired annually? OMB: Medicare fraud = $50b Annual Deficit = $1,300b Brad Lips 1998 “Temps and the labor market: Why unions fear staffing companies” Regulation pp.31-39