While "employee" is defined in the statute, "agent" is not. My guess is that no appellate court in PA has ruled on whether an emeritus faculty member qualifies as an agent under the statute. And Penn State's lawyers (allow me a moment of self-loathing as a lawyer) have informed the Trustees that they may be subject to suit by McQueary for firing him.
Hypothetical board discussion:
Member B: What do we do about McQueary?
Member A: Later. We have to first get rid of Spanier and Paterno.
Member C: The students are rioting. Perhaps we should say that we fear for McQueary’s safety and that is why he wont be on the sidelines this game.
Member A: Good. We can push that issue back to the next meeting.
McQueary placed on administrative leave.
I also figure that since McQueary is THE key state's witness in so many cases, they've conveyed to PSU that at least in the short run he can't be touched paycheck-wise...while they all know that a new head coach has a right to bring in whatever assts he wants...
Hence, I've seen from two other FREEPERs last night comments that McQueary has communicated to members of the team that "I'm done" as coach.
He'll continue to draw a paycheck for a while...but his "administrative leave" will dovetail with the State wanting to ensure he is protected (probably out of town).