Hiring an Agent or Employee to Work on Your Behalf? Know the Duties Owed to You!

Posted on Dec 6, 2016 by Trembly Law

As a business owner, you often have to hire employees to do work on your behalf. This is almost inevitable for every business owner. Employees hired to work on your behalf are known, in the legal sense, as your agent, and as an owner, you are their principal. This creates a special relationship between principal and agent whereby the agent is entrusted to carry on the business for the owner. It fosters efficiency on the part of the business, and courts are eager to protect the special relationship that emerges. As such, the principal is often protected against abuses by the agent in different circumstances.

Agents, or the employees, may often find themselves in a position where they can try to take advantage of an opportunity that is brought to them within the scope of their relationship with the principal. Agents are not allowed to simply take advantage of this opportunity that otherwise would have been brought to the attention of the owner, or employer. This is part of the duty of loyalty the agent owes to you as his employer. As his employer, you must know of the rights owed to you, and that your employee, or agent, cannot simply take advantage of you.

Another area where agents may toe the line is with conflicts of interest. Often times, employees may work for multiple owners or employers. In such a situation, the employee, or agent, owes a certain duty of fairness to each of his or her employers. In order to encourage efficiency and to encourage agents to provide work for multiple employers, courts seek to ensure agents do not play favorites, so to say. Thus, you may hire an agent even if he works for multiple employers. Additionally, you can rest easy knowing your agent owes to you the same level of fairness he or she owes to all of his or her employers.

As a business owner, you need to know your rights. Unfortunately, the truth is that many times agents do take advantage of their special position in relation to their employers. If you feel as if you may have been wronged by a previously-hired agent, the right legal team can make the difference in protecting your legal rights. With years of experience serving business owners, the Trembly Law Firm is the right legal team for you. Call the Trembly Law Firm at (305) 614-3219 to schedule a consultation.