Business Law Questions: Employment at Will vs. Agency Relationships

This assignment delves into key concepts in business law, contrasting the right to work with employment at will, defining agency relationships, and evaluating the employer and independent contractor relationship. The right to work protects employees' freedom to choose whether or not to join a union, while employment at will allows employers to terminate employment for any reason, barring a contract. Agency relationships involve an agent acting on behalf of a principal, creating potential liabilities. The distinction between employees and independent contractors hinges on control, supervision, provision of tools, employment duration, payment method, and required skills. This analysis provides a comprehensive overview of these critical aspects of business law. Desklib offers a variety of solved assignments for students.

Running head: BUSINESS LAW MODULE QUESTIONS 1
Business Law Module Questions
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BUSINESS LAW MODULE QUESTIONS 2
What is the difference between the right to will and employment at will?
According to Guerin & Barreiro (2016), the right to work is typically a law which enables
the workers to carry out various tasks in a workplace without being coerced to make a collective
bargaining agreement. Based on the statistics, the right to work laws have been passed in more
than half of the states. The non-union members have a right to join any of the workers union
without being compelled to be part of the union and this being also of the collective bargaining
agreement. Employment at will, on the other hand, refers to the notion that an employee can
work for a continuous period and therefore can decide when to end his or her employment. The
above idea has a variety of negative impacts, and this has made courts to make different
exceptions.For instance, a worker may decide to end his or her employment for certain reasons
which may be good, bad or even no reason at all provided that a written agreement was never
made between him or her and the employer.
Describe agency relationships in business
One of the most significant and common relationships is the agency relationship. There
are usually two parties in an agency relationship that is the principle and the agent. It is
considered as a fiduciary relationship since the agent acts on behalf of the principle
(Maheshwari, 2015). The principle gives consent to the agent on certain key issues and also
controls his or her conduct. A key benefit of such a relationship is that an individual can carry
out business activities in several locations. However, it also results in the creation of liability to
the principle in terms of different risks. The agency relationships typically exist between the
employees and employers.

BUSINESS LAW MODULE QUESTIONS 3
Evaluate Employer and Independent Contractor Relationship
According to the employment law, the employees are considered as part of the
independent contractors, and this is attributed to the fact that they have no power to control the
information on the performance of independent contractors. The employers do not usually pay
taxes and SSI for the independent contractors but to their employees. While at work, the
employers have control over certain things such as the amount of time of working and whom to
consult among others (Maheshwari, 2015). However, they cannot control some of those activities
when with the independent contractors and this is because they are only hired to do tasks with
the resources they have selected. When determining whether a person is an independent
contractor or employee, the courts take into account certain questions such as;
 What is the amount of control a worker exercise at the workplace?
 Do employers supervise their workers?
 Who supplies the tools for the work?
 What is the period of employment of an employee?
 What is the mode of payment, is it based on time or when the job is complete?
 What skills are required for the employee?

BUSINESS LAW MODULE QUESTIONS 4
References
Guerin, L., & Barreiro, S. (2016). Essential Guide to Federal Employment Laws. Nolo.
Maheshwari, S. (2015). A Manual of Business Laws. Himalaya Publishing House.