Class 5 - Employment Agreements Flashcards
1
Q
Common Law & Branches
A
Derived from judicial decisions
Based on precedent – can be binding or persuasive
Branches
- Contract law – terms of employment relationship
- Tort law – provides damages for deliberate or negligent actions leading to civil wrongs
2
Q
Elements of an Employment Contract
A
- Offer
- Acceptance
- Mutual consideration
3
Q
CASE: Braiden v. La-Z-Boy
A
Issue 1: employee or not? Employee or independent contractor? Relationship based on facts Employer has burden of proof Some factors - Exclusivity/economic dependence - Control over work - Ownership of tools & equipment - Risk undertaken by worker - Opportunity for profit beyond commission - Work's role in business structure - Responsibility for investment/management - Worker performs work themselves - Incorporation or not - Statutory deductions made from pay
Issue 2: proper notice or not? Termination notice - Contract provisions - ESA minimums - Reasonable notice (Bardal factors) But, lack of consideration informs the question of what notice applied - Must exchange something - Continued employment not consideration
4
Q
Sources of Employment Contract Terms
A
- Expressed – stated explicitly in writing or agreed to orally
- Ancillary – in ancillary documents
- Implied – read into contract by judges to fill voids
- Common terms for employees: obey lawful orders of employer, not to compete, protect confidential information, not be intoxicated, arrive on time, etc.
- Common terms for employers – provide reasonable notice of termination, compensate employees for work performed, provide reasonably safe work environment, treat employees with decency, civility, respect, dignity, and engage in fair dealing
5
Q
Tort
A
a wrongful act done by one person to another for which there is a legal remedy, normally in the form of compensation to the injured party
I.e. intention infliction of mental suffering, assault and battery, defamation, negligence
