LAW 529 Lecture Notes - Lecture 2: Aea, Attestation Clause, Positio

• School: Ryerson University
• Department: Law and Business
• Course: LAW 529
• Professor: Clara Chapdelaine- Feliciati

Document Summary

Chapter 3: common law issues in hiring: misrepresentation by job candidates, wrongful hiring: negligent misrepresentation, inducement: aggressive recruiting, restrictive covenants, anticipatory breach of contract, background checking: negligent hiring. Two main sources of law affect hiring stage -> common law and human rights. Focus on common law -> main areas of potential common law liabilities for both parties during the recruitment, selection, and hiring phases. There is no legislation that requires job candidates to be honest during the application process. > his contract stated that he can be terminated within a month. Lessons for employers -> include attestation clause in job ad (info provided by the candidate is complete and candidate understands that false info can get them fired) Inducement and negligent misrepresentation are separate legal claims. Restrictive covenant: a promise not to engage in certain types of activities during or after employment; only enforceable if the(cid:455)"(cid:396)e (cid:396)easo(cid:374)a(cid:271)le i(cid:374) thei(cid:396) (cid:272)i(cid:396)(cid:272)u(cid:373)sta(cid:374)(cid:272)es.