LAW 529 Chapter Notes - Chapter 3: Wrongful Dismissal, Signing Bonus, W. M. Keck Observatory
10 Dec 2016
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Areas of common-law liability: misrepresentation by job candidates. Dismissal if misrepresentation has significant impact on hiring decision (even if performance is satisfactorily) Suggests inherent lack of honesty, eps if requires high degree of trust. Er should state in job posting or hiring policy that education/personal qualifications are necessary in particular job. Attestation clause: states information is true in application form & any discrepancies will lead to termination: wrongful hiring: negligent misrepresentation (by er) If ee relied on statement suffers damages er must compensate. Er has obligation to ensure statements during recruitment process are validated: ex: (67) ee hired based on project that was unknown by. When hired, project was denied and ee was fired: er & representative breached duty of care during hiring process, ex: (69) er hired external hiring firm, hired bob. Er sued firm on basis of breach of contract and tort for negligent misrepresentation concerning quality of service and negligence in failing to conduct proper reference checks.
