Ch 3 Brooke *Done*

Question 1

Areas of common-law liability

Answer 1

Misrepresentation by job candidates
Wrongful hiring: negligent misrepresentation
Inducement: aggressive recruiting
Restrictive covenants
Anticipatory breach of contract
Background checking: negligent hiring

Question 2

Misrepresentation made by employees before they are hired may justify dismissal if

Answer 2

the misrepresentations go to the root of their qualifications for the job. Even if the employee is performing the job satisfactorily

Question 3

To emphasize the importance of honesty in filling out application forms, the employer should include a/an

Answer 3

attestation clause- states the information provided is true and complete to the application’s knowledge and recognized that a false statement may disqualify the applicant from employment. Shows the applicant was forewarned

Question 4

If the employer makes a misrepresentation during the hiring process, it is relevant whether they sincerely believed that the misleading or inaccurate statements were true.

Answer 4

False. Irrelevant

Question 5

To avoid liability of misrepresentation, the employer should:

Answer 5

Ensure all information it provides in the pre-employment stage is accurate and complete
Ensure the job description is accurate and interviews know what the prospective job and comp package consist of
Employer’s representative must be candid about the job, not make it seems more attractive than it really is

Question 6

The employment contact could include a clause that states that all oral representations are void on the signing of the contract to override inaccurate statements in the hiring process

Answer 6

True

Question 7

Misstatements that result in mere inconvenience do not establish a claim

Answer 7

True

Question 8

If an overly zealous search firm recruiter promises a job candidate an annual pay increase of 20 percent, that representation could bind the employer

Answer 8

True

Question 9

Inducement, allurement, or enticement occurs when

Answer 9

An employee is lured from her current position through aggressive recruiting or inflated promises

Question 10

Inducement doesn’t require a significant degree of pursuit

Answer 10

False. It does

Question 11

The employee is entitles to a larger award for wrongful dismissal damages if

Answer 11

They were induced and subsequently dismissed

Question 12

Inducement and negligent misrepresentation are separate torts and thus never occur at the same time

Answer 12

False. Can both arise from the same situation, although they are both separate torts

Question 13

You should guarantee employees as a recruiter that they will be in this job for at least five years

Answer 13

False

Question 14

Restrictive convenant

Answer 14

A promise not to engage in certain types of activities during or after employment

Question 15

Restrictive covenants are seen as a

Answer 15

a “restraint of trade”. Enforceable only if they are reasonable in the circumstances

Question 16

Anticipatory breach of contract occurs when

Answer 16

One party rejects the employment contract before employment begins

Question 17

The costs of a bad hire include potential liability for negligent hiring if that employee later causes foreseeable harm to a

Answer 17

Third party (someone other than the employer or employee)

Question 18

The more a job exposes others to the risk of harm, the less the employer’s duty to investigate becomes

Answer 18

False. Their duty is more.

Question 19

The standard of care is

Answer 19

The level of diligence the employee is expected to exercise

Question 20

Qualified privilege is a problem that commonly applies to

Answer 20

Reference checks and negative comments from employers regarding employees

Question 21

Common reference checks

Answer 21

Education and professional credentials
Credit
Police records

Question 22

BC employees are allowed to discriminate against a person because she has been convicted of a criminal or summary conviction offence unless a clean record is a bona fide occupational requirement of the job

Answer 22

False. They are prohibited from discriminating

Question 23

An employer cannot discriminate because of a criminal conviction for which a pardon has been granted

Answer 23

True

Question 24

Background checks should be done only

Answer 24

after a conditional offer of employment is made. The exception is previous job reference checks