Employee's Duty of Loyalty
“No man can serve two masters for either he will hate the one, and love the other; or else he will hold to the one, and despise the other.” Gospel of Matthew 6:24. Under English Common Law, every servant owes a duty of loyalty to his or her master. The Restatement (Third) of Agency states, at §8.01 that,
An agent has a fiduciary duty to act loyally for the principal's benefit in all matters connected with the agency
relationship. Unless otherwise agreed, an agent is subject to a duty to his principal not to act on behalf of an
adverse party in a transaction connected to his agency without the principal's knowledge. Further, an agent is
subject to a duty not to act or to agree to act during the period of his agency for persons whose interests conflict
with those of the principal in matters in which the agent is employed.
If your Agent has breached the duty of loyalty, can you seek the return of one hundred percent (100%) of his earnings?
An agent has a fiduciary duty to act loyally for the principal's benefit in all matters connected with the agency
relationship. Unless otherwise agreed, an agent is subject to a duty to his principal not to act on behalf of an
adverse party in a transaction connected to his agency without the principal's knowledge. Further, an agent is
subject to a duty not to act or to agree to act during the period of his agency for persons whose interests conflict
with those of the principal in matters in which the agent is employed.
If your Agent has breached the duty of loyalty, can you seek the return of one hundred percent (100%) of his earnings?
| employment.pdf |