Chapter 3

Question 1

Define an Attestation clause

Answer 1

A clause on a job application form that states that the information provided is true and complete to the applicant’s knowledge and that a false statement may disqualify the applicant from employment or be grounds for dismissal

Question 2

Define negligent hiring

Answer 2

Failing to take reasonable care in the hiring process that results in foreseeable injury to a third party.

Question 3

Define negligent misrepresentation

Answer 3

Failing to take reasonable care in providing infomration that results in foreseeable injury to a third party.

Question 4

Define restrictive covenant

Answer 4

An agreement that restricts an employee’s activities or conduct during or after employment. For example, a non-solicitation clause

Question 5

Define standard of care

Answer 5

The level of diligence that one is expected to exercise.

Question 6

When can an employee be terminated, without reasonable notice, for providing inaccurate information during the pre-employment selection process (e.g. job application or interview).

Answer 6

When an employee misrepresented themselves before they are hired and if it is sufficiently serious

Question 7

Describe negligent misrepresentation in the hiring process.

Answer 7

If the employer makes a misrepresentation that is relied on by a prospective employee and that employee suffers damages because of it, the employer may have to compensate the employee.