Do Ordinary Employees Owe Fiduciary Duties?
Robert Flannigan (Professor, University of Saskatchewan College of Law) has recently posted on SSRN his article entitled The Fiduciary Accountability of Ordinary Employees.
Here is an abstract of his article:
It is frequently asserted that ordinary employees do not have fiduciary duties. Only senior or key employees are burdened by fiduciary accountability. That supposed dichotomy has the appearance of both simplicity and logic. In fact, it is a senseless dichotomy, the adoption of which constitutes fundamental juristic mistake. There is no conceptual or practical distinction between ordinary employees and key employees for the purposes of fiduciary accountability, either before or after the formal termination of the relation.