BUS 393 Study Guide - Midterm Guide: Uberrima Fides, Fiduciary, Unemployment Benefits

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To determine the extent of the employer"s liability for wrongful acts committed by their employees such as vicarious liability, which is usually restricted to the employment relationship. Independent contactors work for themselves, doing the job agreed in the contract. Discuss characteristics of the organization test: used when the control test is not sufficient in justifying employment. What is a fiduciary duty? good faith relationship : an obligation to act in the best interests of the principal. Referred to as an utmost: as a fiduciary, the agent cannot take advantage of a business opportunity that comes to him because of his position. By demoting, transferring, or otherwise changing the employment conditions, and employer will try to make an employee so uncomfortable that he will quit, thus avoiding the requirements of notice and termination. Does not amount to just cause for dismissal. Employer can terminate employees when the need arises, if they provide reasonable notice or pay in lieu of notice.

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