BSEN 395 Lecture Notes - Lecture 4: Nanny, Wrongful Dismissal, Hostile Work Environment
9 Dec 2017
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Now also includes occupational safety, minimum employment standards and hiring practices. Ramifications are significant for liability, taxation and entitlements. Generally, is an indication one is not an employee if he employs others to assist in performance of the services. Not definitive if he doesn"t hire other employees, but then must look at the fourfold test and the organization test. If required to be in writing, informal evidence is allowed. Restrictive covenants in employment agreements (not testable but important) Restrictive covenants in employment agreements (non compete provisions) generally cannot prevent the employee using skills learned in the position, but can restrict use of confidential information. Courts don"t like non-compete agreements, but will allow if reasonable and if linked to the sale of a business and the restricted employee received benefit of the sale. Treated differently in reference to the sale of a business. Courts consider that there are serious consequences if someone not able to earn a living.
