Law 2101 Study Guide - Quiz Guide: Bailment, Fide
Document Summary
Fourfold test: previously used to determine whether someone is an employee or not, four factors, control (high, ownership of tools (low, chance of profit (low, risk of loss (low) Organization test: more recently used by the courts to determine whether someone is an employee, test is based on examination of the services of the employee, and whether they relate and are important to the business. Dismissal: employers do not have to give notice of dismissal under the following circumstances, end of contract, breach of contract, habitual neglect of duty (must be documented, serious misconduct, willful disobedience. Employer misrepresentation: when employers induce people to accept jobs under false pretences, employees can sue for negligent or fraudulent misrepresentation, employers take steps, to avoid this, by not exaggerating the job or description being offered. *employers can be vicariously liable for the actions of their employees provided that if falls within the scope of business practices.
