Ch. 21 - Employment Law Flashcards
Confidential Information
In the employment context, this means info obtained through the employment relationship that would be valuable to a competitor business. Confidentiality extends beyond termination point but can take skills learned forward.
Trade Secret
Confidential information contained in a document, product, formula, or patent.
Restrictive covenant
in an employment contract, it forbids a former employee from working for a competitor, usually for a specified period of time, within a specified geographic area, or within an area of business. BC restricting use because it became too common/broad.
Vicarious liability
Liability of a party for the acts or omissions of another party. It is usually used in the context of an employer being liable for the acts or omissions of its employee.
Just cause
When an employer has a right to terminate an employee without compensation, such as when an employee has committed a fundamental breach of the employment contract.
Constructive dismissal
An indirect form of dismissal in which an employer unilaterally changes the employment contract to the detriment of an employee, such that the employee refuses to accept the changes and terminates the contract.
How can employment contracts form?
may be written, oral, or partly written/oral
Implied terms in the common law employment contract
employee’s obligation to mitigate, employee’s duty of loyalty & competence, employer’s duty to give adequate notice or severance in lieu of notice
Employee Termination
employee has no right to be called back if additional employees are required. With or without just cause.
Poor employees & severance
poor employees get paid more severance then more wealthy employees because they made need extra financial support while finding another job.
Commonly prohibited discrimination
religion, ethnic origin, skin color, age, disability, & gender
Workers with disabilities
cannot be fired for missing work due to a disability, employers must help to make employee job fit their disabilities. Employers have a right to know employees’ disabilities. Several steps need to be taken by employer before justifiable just cause for termination
Employment standards legislation problem
Poorly written in speakers opinion - legislation works well for 9-5 mon-fri workers but huge list of exceptions for everyone else. Typically excludes engineers
Employment standards legislation standards
min wages, overtime compensation, min holiday pay, mat/pat leave, jury leave, etc.
Employers on Employee’s duty of competence
Employers are vicariously liable for acts of employees. Employer who suffers loss due to employee’s incompetence has legal right to recover loss from the employee; seldom used.
