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Cumberland University Federal Employees Compensation Act Response

 

As defined in the statute, Employees may not be guilty of misconduct as defined in Chapter 5 of Title 15, RCW. (2), Employee has a duty to be orderly, lawful, and courteous; however, the failure to abide by the terms and conditions of the employment relationship does not establish that the employee has no duty to act in accordance with the employer’s policies. Agreement to behave in professional conduct unless the employee agrees otherwise, the employee must behave in an agentural professional conduct with due regard to the rights of the employer, with the sole purpose of furthering the principal’s interest, and not interfering with the rights of others.

For changing the control of the agent, the case is taking place, and the agent has a different employer (change in control). Classes of Personnel (Salespeople, Realtors) are types of transactions and agent may act on behalf of principal which maybe Real Estate, Publicity, Advertising Benefits, Establish Company Property, Establish Authority to Buy and Sell Real Estate, Establish Property Rights, Establish who has the right to transfer a property title Principal’s Commissions and Compensation. The Agent may receive commissions, commissions on referrals, fees for answering a personal or business concern, compensation for serving as an agent of the principal, referral fees, etc.

A Waiver means “withdrawal of a party’s consent.” A party who waives an agreement to do something is said to be no longer bound by the agreement. A waiver may be withdrawn at any time. However, if the change of law or waiver of consent is to be effective upon a specific date, the change of law or waiver of consent must be made prior to the date by which it is to take effect. A waiver may be made for a good cause.

The Act treats employer-employee relationships as involving a special duty to act in the best interests of the employee, not to act in the best interests of the employer. This special duty arises from the “employee’s responsibility to the employer to the extent of his or her ability to discharge it. However, other federal labor statutes, such as the Federal Employees Compensation Act, do not impose a special duty on employers to act in the best interests of employees.

To discharge agency rights by manager-employee relationships, the employee must provide a written notice of termination to his or her principal and the notice must state as a matter of fact that the employee is not an employee of the agency that the employee is not acting in the capacity of a partner, officer, director or agent, and that he or she is acting solely in the capacity of an employee. That is if the employee does not obtain the consent of the principal to cease employment, his or her employment will be terminated immediately and, if the employee fails to provide a written termination notice, his or her employment will be terminated automatically