An argument can be made that any employee is an agent. In other words, when you hire someone to work for you, that person is either an agent or an independent contractor and that the concept of "employee" is merely a cloudy descriptor of someone who, in reality, is either an agent or an independent contractor. The issue is not just an academic question. Your liability will be different depending on the classification of the person hired. What is (or should be) the distinction between "employee", agent", and "independent contractor"? Is there a difference between the duty of loyalty that will be owed to you depending on how someone you hire is classified?