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Labor and Employment Law

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Nova Southeastern University

Faculty Scholarship

2009

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Employee Fiduciary Duties: One Size Does Not Fit All, Leslie Larkin Cooney Jan 2009

Employee Fiduciary Duties: One Size Does Not Fit All, Leslie Larkin Cooney

Faculty Scholarship

This article examines the law surrounding the fiduciary duties owed by non-officer employees to their employers and the remedies imposed for a breach of those duties. It is the author's contention that applying the same agency principles to all employees regardless of their level of power or ability to exercise discretion or affect the employer's interests generates an uncalled for advantage to the employer.