Abstract
The reformulation of employee rights constitutes one important dynamic in the ongoing refashioning of US private-sector employment relations. Rights are currently being contested because of the growing inefficacy of traditional worker protections rooted in collective contracts and statutes; new rights forms, especially enterprise rights (rights unilaterally granted by employers) have assumed an increasing importance, especially since a dramatic new jurisprudence of labor law based on contract theory has substantially eroded the traditional doctrine of at-will employment. Enterprise rights based on market competition may serve workers effectively, but only if they are supported by certain key interventions in market processes. One possible schema, Choosing Rights, is explored.