Chapter 3

Question 1

Name and explain the areas of common law liability

Answer 1

1. misrepresentation by job candidate (indicates untrustworthy and just cause for dismissal where seriously prejudice ER)
2. wrongful hiring: negligent misrepresentation (liable for inaccurate statements)
3. Inducement: Aggressive recruiting (lured from a position)
4. restricitive covenants (promise to engage in certain activities during or after employment
5. anticipatory breach of contract (rejects contract before employment begins, change it’s mind)
6. background checking: negligent hiring (people lie on resume)
7. reference checks (obtain reference from a variety of sources)

Question 2

What is an independent contractor?

Answer 2

its a self-employed hired to perform specific work

Question 3

What are the advantages for the ER to hire an independent contractor?

Answer 3

no statutory remittances, WSIB premiums, employment standard protections, common-law wrongful dismissal claim and less liability for damages

Question 4

What are the advantages for the worker to be an independent contractor?

Answer 4

tax breaks and greater flexibility to work for others

Question 5

Name and define the tests establish to prove and ER-EE relationship

Answer 5

1. control tests: organization control the EE?
2. risk test: does individual have risk of losing money?
3. organization test: ad-on, maintenance?
4. durability and exclusivity of relationship test: work for long period of time and have other clients?
5. tools test: do they provide their own tools?

Question 6

How do you maintain an independent contractor-ER relationship?

Answer 6

written contract, allow worker to work for others, no performance reviews, avoid setting hours

Question 7

Name the different type of employees

Answer 7

permanent (full time, part time) or temporary, on contract, (full time, part time, hired through temp agency)