Those of you who don’t know about Kinsella’s crusade against libsocs may not know who he is. Stephen Kinsella is a lawyer, proponent of Austrian economics, member of the board of the Center For a Stateless Society, cheerleader for capitalistic greed, and a ridiculous little man. Here is a recent quote he bleated on Block’s Corollary:
People often talk about “the employment contract,” without knowing what they are talking about. There usually is no “employment contract” other than the obligation to pay money (salary) for services rendered/time put in. They often speak in a confused way about how it’s “fraud” if the boss starts harassing someone hired for a different purpose. This is all the result of confusion about the nature of fraud, property rights, the non-aggression principle, and contract.
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The point for our purposes is that there is nothing wrong with the boss in effect offering a hybrid job to a woman: since employment is at will, and she can be fired at any time for any reason, he can fire her and one second later, offer her a job back, but only if she agrees to the occasionally leer or fanny pat or even sex. If she refuses then, or later, to the sexual stuff, then he can terminate her, and this does not violate her rights. But if he gropers her after she has withdrawn consent, it’s battery, aggression.
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In sum: no one is entitled to a job; employment is at-will: you can quit any time, or be fired any time. So you are not entitled to a job offer, so a conditional one does not violate your rights: I offer you a job IF you will consent to my lechery, fondling, whatever. The candidate can accept or turn it down. Note that this is true even AFTER they start work for you, usually–since employment is at-will. So you can just fire her one second, and re-offer the job, with strings, the next second. Etc.
Kinsella has always been, and remains, a ridiculous little man. He probably has sexual issues as well.


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I wonder what Carson think about that…
By: David Gendron on November 4 2009
at 16:20
Email him.
By: Dr. Q on November 4 2009
at 16:54
Although legally, your employment at many places is “at will”, in practice, you need to be fired “for cause” or the company firing you may be subject to all kinds of legal liabilities. This is partly why layoffs are so popular — no one gets fired; their positions are simply eliminated. Presto! Additionally there are in many states (and at the Federal level) legal protections against sexual harassment in the workplace. So just from even a very conventional perspective, Kinsella’s points are completely out to lunch.
By: Wooly M. on November 9 2009
at 1:06