THE PUBLIC PRIVATE DISTINCTION AND THE POLITICAL-STATUS OF EMPLOYMENT/

Citation
Tj. Radin et Ph. Werhane, THE PUBLIC PRIVATE DISTINCTION AND THE POLITICAL-STATUS OF EMPLOYMENT/, American business law journal, 34(2), 1996, pp. 245
Citations number
22
Categorie Soggetti
Law,Business
ISSN journal
00027766
Volume
34
Issue
2
Year of publication
1996
Database
ISI
SICI code
0002-7766(1996)34:2<245:TPPDAT>2.0.ZU;2-N
Abstract
Changes in the American workplace emphasize the importance of reexamin ing its underpinnings and considering its redesign. At the heart of th is reexamination lies the public/private distinction. The public/priva te distinction permits the safeguarding of public employees' constitut ional rights, but not those of private employees. Private employment i s largely governed by ''employment at will'' (EAW), which provides tha t the employment relationship can be terminated at any time for any re ason or for no reason at all. Employee rights should not vary accordin g to the political status of employment. It is not necessary to abando n EAW, but additional safeguards must be implemented. Christopher McMa hon envisions a democratized workplace where legal and political syste ms are replaced by cooperation between managers and employees for thei r mutual best interests. His thesis renders moot the need for legally recognized protections such as due process. Fair treatment and coopera tion become the guiding principles of the employment relationship.