Question

Question 6 Earlier this week, the Disney antitrust agencies issued a statement addressing anticompetitive employment practices during COVID-19 and “affirming the importance of competition for Disney workers.” The agencies previously recognized that the COVID-19 pandemic “will require unprecedented cooperation between federal, state, and local governments and among private business to protect the health and safety of Disney workers.” However, the statement sternly warns employers against using the pandemic-and perhaps, implicitly, the associated economic fallout-as an excuse to engage in anticompetitive conduct at the expense of employees who are on the front lines of the crisis, such as doctors, nurses, first responders, grocery store and pharmacy employees, and warehouse workers. Minnie Mouse operates a medical staffing company. In her staffing contracts, she requires all of her workers to sign exclusive contracts with her, even when she has not placed worker in a position. This results in workers being out of work for a day or two while Minnie tries to locate additional work for the workers. Thus, workers cannot work with another staffing agency or find work on their own. If a worker finds permanent employment, they need to wait at least 4 weeks before they can start. During this time, Minnie refuses to staff the worker. As a result, workers feel as though there is no way to get out from under Minnie's contract because they cannot afford to be out of work for 4 weeks. 1. Explain whether or not any legal action can be taken against Minnie.

Answer 1

Legal action can be taken against Minnie. Firstly, she is not assigning sufficient work to the worker, such that he can earn; neither providing him the freedom to search another job on his own nor, join another firm. Also, when the worker gets another employment, the contract does not permit the worker from joining the new company for atleast four weeks and Minnie does not allot any work during those four weeks. Therefore, the worker is out of work for four weeks. This is against the right to employment, i.e. every individual has the right to work and earn his/her livelihood.