We all will need to create and agency at one time or another, whether the need for a person to contract/represent us for a business transaction or to enter a contract with a third party on our behalf; however, it is very important to understand the differences between an agency, an independent contractor and employer-employee relationships. In this country we need to earn income as a business or as an employee, thus the importance of understanding what laws protect the employer and employee are essential to have a successful relationship between both, the master and the servant.
An agency is created when a person (principal) appoints a second party (person) do handle assets or matters of value on their behalf to a third party.
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The prominence of ethics is significant for these relationship as well. An employee is expected to have reasonable knowledge of his job and this relationship can be terminated without a cause. What is an employee employer relationship? According to (Ashcroft, 2005), the relationship of employee and employer arises only from a contract of employment, either expressed or implied. One who voluntarily performs the duties of an employee cannot by that act subjects the employer to the liability of an employer. But the relationship may be implied by conduct that demonstrates that the parties agree that one is the employer and the other the …show more content…
An example of employee fraud in our schools according to Alan is in Los Angeles, Mullinax, while he was inspector general, investigated a high school construction project, the Belmont Learning Complex, that began in 1997 with cost estimates that rose to $200 million, making it the most expensive project of its type in the United States before the district stopped construction in 2000, he says. He called in Forensic/Strategic Solutions, which uncovered fraudulent activities and lapses in financial controls—including fictitious vendors, duplicate payments, and widespread violations of competitive bidding policies—totaling more than $70 million (2009). These cases can be criminal but in the case of liability the employee would not incur the losses due to incompetence, but and agent would incur
An independent contractor contracts with an employer to do a particular piece of work. This working relationship is a flexibleone that provides benefits to both the worker and the employer. However, there are drawbacks to the relationship as well.The decision to hire or work as an independent contractor should be weighed carefully. Properly distinguishing betweenemployees and independent contractors has important consequences, and the failure to maintain the distinction can be costly.
Agency is defined as a bilateral, consensual and onerous contract where one party(principal), authorizes another party, known as the agent, to create relations with third parties. Here the principal authorizes the agent to work under their behalf.
Report 2: Issues in Employment (Chapter 9). The relationship between employees and employers is often confusing and blurry. Who has the upper hand? Who is in control of the e-mail?
I have managed a McDonald 's for over 11 years. There are plenty of potential problems that I deal with daily. One of the biggest issues I have to deal with is turnover. With any job turnover is bound to happen. Especially in a fast paced job with high customer demands. There two sides to this argument involve the pros and cons of turnover. Not all turnover is considered bad, however it can become very expensive if turnover rate is extremely high. I plan to approach this problem in my project my looking into ways of retaining employees and finding ways to reduce turnover. My main objective is how turnover specifically relates to employee engagement and management leadership skills.
All financial crimes have common elements that are seen throughout them. Employee fraud is just as common as other corporate crimes that take place on a higher corporate level. For this particular assignment, employee fraud of Patton State Hospital employees. The employees had committed an accounting fraud against their employer. According to Verver (2013) employee fraud is not the number one concern for CFOs, CROs, and CAEs but it is considered to have a significant drain on the bottom line along with other negative impacts on an organization. Due to this, organizations need to be diligent in ensuring that employees are not given the opportunity to commit any kind of fraud against the corporation.
Loyalty: employee has the responsibility to be honest to their employer and verse versa (all thing been equal) if there is mutual agreement will be deontological view.
Radin, T. J., & Werhane, P. H. (2003). Employment-At-Will, Employee Rights, and Future Directions for Employment. Business Ethics Quarterly, 13(2), 113-130.
e. Employer and employee: the relationship between the employer and the employee. If the employer is not responsible for the absence of the agency, it shall satisfy the two conditions of the staff and workers:
Employee benefits coordinator play a significant role in Human Resource Management. Employee Benefits coordinators are responsible for assisting with employee benefits, maintaining employee data base, managing all insurance billings and maintain employee files, sick pay, vacation and retirement. This study explores the importance of employee benefits to corporations, government agencies and non profit organizations. This paper also researches the effects on the management team and on individual employees’.
[12] CURRAN, Simon, ‘When is a duck not a duck? The employee/independent contractor dichotomy’, Bulletin (Law Society of S.A) 26 (9) October 200etin (Law Society of S.A) 26 (9) October 2004: 23-26
A typical relationship between an employee and an employer exists on the acknowledgment of who is in charge; an employee must accept the employer as an authority. A worker should address the employer with a certain amount of respect and professionalism. An employer should have control of their employees and make it clear that they are the boss.
Human resource management (HRM) processes are crucial to the success of an acute care hospital facility. In this paper, I will give insight on how HRM processes have to align with the organizations goals and objectives in order to operate successfully. Hiring, training and benefits are a few of the major roles that human resources control in an organization. Therefore, it is important that human resource managers are abreast of all current policies and procedures.
...onship between the employer and the employee. Employers who recognize this and proactively use strategies to promote employee involvement and fair employment practices will be likely to reap the organizational rewards of doing so.
The main purpose of Human Resource Management is to increase the effectiveness and contribution of employee’s attainment of organizational goals and objective (Youssef, C.). Many areas of HRM have been discussed in this course. Those areas are EEO and Affirmative action, Human resource planning, recruitment, and selection, Human resource development, compensation and benefits, safety and health, and employee and labor relations. All these categories have an impact on how an organization is managed. Although there are many things that impact a business, the most important thing about managing a business is selecting the right people to help the company succeed.
An agency relationship is formed between two parties when one party (the agent) agrees to represent another party (the principal). Normally, all employees who deal with third parties are considered agents. Principal-Agent relationships are defined as the understanding that the agent will act for and on behalf of the principal. (Cheeseman) The agent assumes an obligation of loyalty to the principal that he will follow the principal’s instructions and will neither intentionally nor negligently act improperly in the performance of the act. An agent cannot take personal advantage of the business opportunities the agency position uncovers. A principal-agent relationship is fiduciary, meaning these obligations bring forth a fiduciary relationship of trust and confidence. As such, an agency relationship is governed by employment law.