Employment Relationship

Question 1

What are two things you can do to bind employees in employment agreements to the terms of the employment manual?

Answer 1

1. Incorporate the manual by reference into the employment contract
2. Create a clause giving the employer sole discretion to change policy

Question 2

What should an employer do if they are going to implement a major change (ie reduction in pay or demotion) to the employment contract in order to keep it valid?

Answer 2

They should provide fresh consideration.

Question 3

What can an employee argue if a change significantly alters their employment agreement?

Answer 3

Contructive dismissal.

Question 4

What is “constructive dismissal”?

Answer 4

When something has changed so drastically in the employment agreement that they employee has no choice but to leave the job.

*Think of Stephen’s example of someones office moving from a nice corner office with a view, to an office beside the men’s washroom.

Question 5

What is vicarious liability of employers?

Answer 5

Where employers are legally responsible for harm caused by the conduct of employees when it occurs during the course of employment.

Question 6

What was the result of the Hunt v. Sutton case?

Answer 6

(ABCD of Negligence) The judge held the employer liable for not safeguarding his employee. The employer should have forced the employee to take a cab home, withheld her car keys or called her husband to pick her up. Having done this, the plaintiff would have had no other alternative but to accept and therefore her drinking and driving may not have occurred.