Chapter 22 and 23 - Kerry Bordelon Chapter 22 & 23...

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Kerry Bordelon Chapter 22 deals with agency relationships between employee and employer. There are also employer and independent contractor relationships. There are many steps in determining an employee’s status with the employer, only two of them are important enough to be discussed. An agency is defined as “the fiduciary relation which results from the manifestation of consent by one person to another that the other shall act in her or her behalf and subject to his or her control, consent by the other so act”. There are two criteria for determining employee status in court. The first is over how much the control the employer can exercise over the details of the work. In other words, can the employer tell the employee how to do the job not just what job is to be done. If the employer does set out the details of the job, the worker is considered an employee. The second is the question of whether or not the employer supplies the tools to be used on the job. If the employer does, then the worker is to be considered an employee not an independent contractor. There are several ways the agency relationships are formed. There is agency by agreement, which means that an express or implied agreement has happened. The agent agrees to act for a principal agrees to have the agent so act. It may be in written or oral
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This note was uploaded on 10/31/2010 for the course BSAD 3350 taught by Professor Hunt during the Spring '10 term at Western New Mexico.

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Chapter 22 and 23 - Kerry Bordelon Chapter 22 & 23...

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