Ch 21: Employment Law

Question 1

Implied terms of employment include

Answer 1

Employee’s obligation of fidelity
Employee’s duty to competence
Employer duty to provide adequate termination notice

Question 2

Army Reserves have the right to__

Answer 2

Take any idea from it’s employees while they are on the supplementary reserves.

Question 3

Workers compensation act

Answer 3

employees who are injured in the work place

Or when employees believe their employer is doing something unsafe.

Question 4

Restrictive covenant: Solicitation

Answer 4

Enticing others to leave Co. A for co. B because of better contract benefits etc..

Question 5

Competence: Employees are expected to b competent in their area of work.

Answer 5

Employers are vicariously liable for the acts of the employee

Question 6

Employer who suffers a loss due to employees incompetence can recover this loss from employee. Ex:

Answer 6

Waitress dropping dishes? NO

Waitress giving seafood to someone who said they are allergic to seafood? YES

Question 7

Employer who suffers a loss due to employees incompetence can recover this loss from employee. Ex:

Answer 7

Waitress dropping dishes? NO

Waitress giving seafood to someone who said they are allergic to seafood? YES

Question 8

Employers have the right to say that you have to use your vacation time in the calendar year.

Answer 8

They cannot schedule the vacation time, unless agreed at initial signing of the contract that 3 days b/t christmas and new Years will be your vacation.

Question 9

Severance criteria, Name 4
Age: (older gets more severance)
Length of employment: (longer not
Demand of position: (Generic role, less severance Specialized roles lots of severance)
Marketplace (Good economy - less severance, bad economy - more severance)

Answer 9

Age: (older gets more severance)

Length of employment: (longer does not nessisarily mean more severance)

Demand of position: (Generic role, less severance Specialized roles more severance)

Marketplace (Good economy - less severance, bad economy - more severance)

Question 10

Termination in Bad Faith: Ex:

Answer 10

No proof of stealing and firing on that reason constitutes bad Faith
Being fired in front of your peers

Question 11

Constructive dismissal: Ex:

Answer 11

employer says that you are changing your contract to decrease your wage - you can decline and ask for your severance package

Question 12

Independent contractor?

Answer 12

1. Bring own materials to work
2. wage dependent on effort put in
3. Decide if you accept or decline work (you have control of work you do, work for numerous entities)
4. Integration: go to client’s place of business to give them advice

Question 13

Labour relations code has a labour board they deal with:

Answer 13

Strikes, picketing, collective bargaining,