Constructing an Employee Duty of Fidelity?

17 Pages Posted: 26 May 2016

Date Written: May 24, 2016


What is the nature of the duty of fidelity? Is it just a confused replication of status fiduciary accountability or is it something more? One writer recently has argued that the duty of fidelity developed independently from fiduciary accountability and performs functions beyond the control of employee opportunism. That analysis is reviewed here. The historical arguments are found to be defective and the content claims opaque. We are left to wonder how the supposed duty uniquely regulates employee conduct.

Keywords: employee, duty of fidelity, fiduciary duty, status duty

Suggested Citation

Flannigan, Robert, Constructing an Employee Duty of Fidelity? (May 24, 2016). Available at SSRN: or

Robert Flannigan (Contact Author)

University of Saskatchewan ( email )

15 Campus Drive
Saskatoon, Saskatchewan S7N 5A6
306-966-5876 (Phone)
306-966-5900 (Fax)

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