Pros And Cons Of Agency Law

-A corporation is an organizational form that is a legal entity that declares the business as separate and distinct from its owners. It is directed by the board of directors who act as a single entity.

To protect interests of employees, the most of the states recognized the exceptions in employment-at-will, that helps employees to confront termination and retaliation. There are several exceptions, which can help employees in such unfair bargain. One of them is a public-policy exception. Under the public-policy exception to employment at will, an employee is wrongfully discharged when the termination is against an explicit, well-established public policy of the State (Muhl, 2001). Most states accept public-policy, which protect employees from unlawful discharge. Employee cannot be fired when he

In addition to their role as contract administrator the employer’s agent may furthermore have duties to undertake on the clients behalf preceding the contract being awarded. The employers agent is obliged to accept instructions from the employer, conversely in reality the employer’s agent will find many conflicts on interests between the employer and the contractor. Sutcliffe v Thakrah is the leading case on the Employers agents

Question 2: Identify two parties who might establish an agency relationship with a real estate agent outlining the purpose of the relationships

In all states with the exception of Montana which protects employers who have completed a probationary period, employers can discharge their employees without cause or change the terms of employment as they deem fit (Nyce and Bodenner, 2016). Employees can also leave employment at their own discretion. This is known as employment at will. Terms of employment that can be changed when the employer has the right to exercise employment at will include reduction of salaries or wages, altering employee benefits, changing working hours and schedule or changing the job content and responsibilities. Therefore, most companies state that they employ “at-will”.

This paper will examine 1) Whether you can legally fire employee; 2) include an assessment of any relevant exceptions to the employment-at-will doctrine; 3) determine the key actions that should be taken to limit liability and impact on operations; and state the ethical theory that best support the decision; 4) examine Georgia’s policy on employment-at-will; and give a real world example of employee or employer utilizing Georgia’s employment-at-will doctrine in the last five (5) years.

Employment-at-Will is a legal rule giving employers unfettered power to dismiss there employees at will for good cause, for no cause, or even for cause morally wrong without being guilty of a legal wrong. The exceptions to the employment at will rule was announced in 1935 where employer could use the rule to intimidate or coerce its employees with respect to their self-organization. For example union, collective bargaining agreement protects workers from being fired except for

Understanding the legal relationship between an agent and a client is fundamental to accurately interpreting the ethical dilemmas

According to the common-law doctrine, the principle of employment at will is to give both employer and employee the fundamental right to terminate the working relationship any time without the need to provide an explanation. The override exception to this rule is if there’s a written employment contract, agreements, or statues in place. The law has maintained employment at will for this long because the U.S. value individual right and freedom of contract. The law tends to make the assumption that both employee and employer should have the right to enter into an agreement without the interference of the government. Today, a large number of employees in the private sector are considered to be an employment at will. Unlike government employee, at-will employee does not have the right to due process.

Employment at will is a common law that governs work relationships in most states in the U.S. The rule states that if an employee is contracted by an employer for an indefinite period of time then the contract can be terminated by either the employee or the employer at any time and for any given reason unless there is another law in places that guide otherwise. This simply implies that if an employee is hired under the ‘at will’ law then the employer can fire the employee for any reason at any time without prior warning or communication. An employee, on the other hand, may decide to leave the job at any time without reason or prior warning. The At-will employment became part of the common laws for employment in the United States in the late 19th century. However, it has been modified by many states in the recent past by adding a number of exceptions in order to protect employees from unfair dismissal.

Employment-at-will is when the relationship by either party, employee or employer, can be terminated at any time for any legal reason or no reason at all. One of the three exceptions to employment-at-will is whistleblowers. A whistleblower is an informant that reports their employer’s illegal activities to a government entity, board of directors or senior management. For example, reporting that your employer is mishandling funds for personal benefit. Second, is a public policy being that the employer cannot terminate the relationship if it would violate the doctrine of public policy of a state, state statute, or federal statute. For example, the employee summoned for jury duty which is an act of public interest the employer cannot terminate

The agency will provide an account manager which is the point person of all concerns for

The relationship between Principal and Agent is stated in common law where agent is in a fiduciary relationship with the Principal.

In short, the agency theory asserts the total cooperation between the managers (agents) and the shareholders/stockholders (principals) to ensure that their visions, goals, and interests in the organization are the same and well-aligned (Seven Pillars Institute, no date). However, reading the Nortel case, it is evident that this supposed alignment did not happen.

Agency Conflicts: An agency relationship arises whenever someone, called a principal, hires someone else called an agent, to perform some service, and the principal delegated decisions making authority to the agent.