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Employment Relationships

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Presentation on theme: "Employment Relationships"— Presentation transcript:

1 Employment Relationships
Jody Blanke Professor of Computer Information Systems and Law

2 Employee v. Independent Contractor
How much control is exercised by the employer Hours of work Place of work Equipment used Degree of skill Similarity to business of employer Duration of work Frequency of pay

3 Formation of Agency Relationships
By Agreement Written Oral Implied by conduct Without Agreement Agency by ratification Agency by estoppel

4 Agent’s Ability to Bind the Principal to Contracts
Actual Authority Express Implied Apparent Authority Ratification

5 Vicarious Liability The employer may be held liable for the acts of an employee Respondeat superior “let the master answer” Principal (employer) is responsible for the acts of its agent (employee) Scope of employment “detour” – slight deviation from employer’s interests “frolic” – does not serve employer’s interests


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