Week 2 Reading Comprehension Questions

Question 1
Describe the circumstances when an employee may be terminated without reasonable
notice, for having provided inaccurate information on a job application form or during an
interview.

A worker or employee being let go and ending their employment with a company is
known as termination. Employees may be fired from their job by their employer based
on a valid and legal cause or can leave of their own free will. It is possible for an
employer to terminate an employee's employment if it is demonstrated that the person
was not truthful in a job application or during an interview as most states in America
have laws that imply employers may dismiss a worker for any legitimate cause.
Companies have the authority to fire workers for circulating false data and
misrepresenting his credentials as it may be extremely serious and damaging in certain
scenarios.

Question 2
Employers have a basic obligation to ensure that material statements made during the
recruitment process are accurate. This obligation can make an employer liable for
negligent misrepresentations during the hiring process. In your own words, paraphrase
and describe the criteria necessary to establish a negligent misrepresentation.

An employer can be taken to court for a statement that was incorrect during the hiring
process. If the employer provided inaccurate information which the employee believed
and acted upon, and the employee was negatively affected as a result. An employer may
need to provide compensation to an employee. Whether the employer was genuinely
convinced of the correctness of the false statement is irrelevant. It is the employer's
responsibility to guarantee that the statements made during the hiring process are true.

There are several steps employers can take to avoid liability.

1. It must ensure that all information before employment is accurate and complete

2. The job description is accurate

3. Interviewer know Compensation package 

4. Avoid misleading advertisement or post

5. After selection employer should prepare a written employment contract that includes
terms and clause 

Anticipatory breach of contract:

It’s a breach of contract when one employer or employee rejects the contract after the
employment accepted but before the employment beginning. This breach of contract
applies to both employer and employee, typically the employer is sued for wrongful
dismissal when its changes decision about an employment contract.

To successfully sue the employer the employee must show:

1. Employment offer issue

2. Acceptance of employment offer

3. The contract was then repudiated by the employer

4. The employee suffered from the rejection of the employer.

Question 3
Provide a definition for the tort of inducement/allurement/enticement. Explain why
should an employer be concerned about aggressive recruiting tactics?

Inducement, allurement and enticement is when an employee is pulled from their

current position through aggressive recruiting promises. Aggressive recruiting is
more than advertising positions, it is also important. It is also when employees
who have a job somewhere else are promised to get promotions, salary increase,
job security and benefits but materialized (never getting these things).

Question 4
Explain the circumstances where an employer may be liable for failing to adequately
perform reference checks?

If the employers fail to check the background of the applicant properly, then the
employer is committing negligent hiring in which can result as a bad hire.

Question 5
Explain the steps you would use and the tests you might apply to distinguish between an
independent contractor and an employee. Provide at least two examples of an
independent contractor relationship.
There are several factors that involve differentiating an independent contractor &
employee relationship. 

Employers are responsible to teach the employees:

 Remuneration
 Safe conditions
 Training
 Expenses
 Provide work and supervision.

Employment law does not apply to an independent contractor. There are different type
of test to determine independent contractor:

 Control test
 Organization test

Question 6
What are the risks associated with failing to adequately establish and maintain an
independent contractor relationship (i.e. an employer is found to have an employment
relationship with an individual)?

The employer is liable for the cost of normal employee benefits including vacation time,
sick days, holiday premiums, maternity leaves, and wrongful termination compensation
must be covered by the employer. Both the employer and the employee are responsible
for unpaid statutory premiums and unremitted income taxes.