This week we study two relationships in which the actions of a subordinate (agent or employee) can create liability for the principal or employer. An employee is almost always the agent of the employer. The key consideration is whether the employee acted within the course and scope of her employment. In the case of an agent, did the agent have express, implied or apparent authority? Another relationship is that of independent contracting, where generally the employer has no control over the actions of the independent contractor. What distinguishes an employee from an independent contractor? Why do employers frequently try to pass off employees as independent contractors? What are the legal and ethical implications