Podcast
Questions and Answers
What did Klassen agree to surrender upon leaving Edward Jones?
What did Klassen agree to surrender upon leaving Edward Jones?
How long was Klassen restricted from soliciting clients after his departure from Edward Jones?
How long was Klassen restricted from soliciting clients after his departure from Edward Jones?
What did the court consider more egregious than Klassen's initial breaches?
What did the court consider more egregious than Klassen's initial breaches?
What type of information was classified as confidential and a trade secret for Edward Jones?
What type of information was classified as confidential and a trade secret for Edward Jones?
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What changes were made to Ontario's Employment Standards Act in 2021 regarding non-competition clauses?
What changes were made to Ontario's Employment Standards Act in 2021 regarding non-competition clauses?
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In Alberta and British Columbia, what may courts issue to protect employers from departing employees using confidential information?
In Alberta and British Columbia, what may courts issue to protect employers from departing employees using confidential information?
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What did the court make clear regarding the proprietary property of Edward Jones?
What did the court make clear regarding the proprietary property of Edward Jones?
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Which of the following is an example of a case where an injunction was issued against an ex-employee?
Which of the following is an example of a case where an injunction was issued against an ex-employee?
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What is one reason many employers have adopted a 'no references' policy?
What is one reason many employers have adopted a 'no references' policy?
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What is the implication of giving a reference that only confirms a job title and employment dates?
What is the implication of giving a reference that only confirms a job title and employment dates?
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What can be a consequence of failing to perform educational and professional credential checks?
What can be a consequence of failing to perform educational and professional credential checks?
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What does the defence of justification pertain to in the context of defamation?
What does the defence of justification pertain to in the context of defamation?
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In what scenario is it especially critical for an employer to conduct reference checks?
In what scenario is it especially critical for an employer to conduct reference checks?
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How is defamation described in the context of references?
How is defamation described in the context of references?
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What common misconception do former employers have about negative references?
What common misconception do former employers have about negative references?
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Which of the following positions typically requires specific educational credentials by law?
Which of the following positions typically requires specific educational credentials by law?
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What is the main purpose of including an attestation clause in job application forms?
What is the main purpose of including an attestation clause in job application forms?
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What could be a consequence of providing misleading information on a job application?
What could be a consequence of providing misleading information on a job application?
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In which scenario can an employer be held liable during the hiring process?
In which scenario can an employer be held liable during the hiring process?
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Which of the following statements is true regarding the attestation clause?
Which of the following statements is true regarding the attestation clause?
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Which case illustrates the liability of employers for negligent misrepresentation in hiring?
Which case illustrates the liability of employers for negligent misrepresentation in hiring?
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What should employers specify in job postings concerning qualifications?
What should employers specify in job postings concerning qualifications?
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What is a possible effect of an incomplete job application according to the attestation clause?
What is a possible effect of an incomplete job application according to the attestation clause?
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What obligation do employers have during the recruitment process?
What obligation do employers have during the recruitment process?
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What is a potential risk of checking a candidate's social media references?
What is a potential risk of checking a candidate's social media references?
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What percentage of employers in a UK study hired candidates based on their social media profiles?
What percentage of employers in a UK study hired candidates based on their social media profiles?
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What is the suggested timing for conducting most types of background checks?
What is the suggested timing for conducting most types of background checks?
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Why might employers need to review guidelines for social media background checks in BC and Alberta?
Why might employers need to review guidelines for social media background checks in BC and Alberta?
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What type of statements in social media can lead to rejection of a candidate according to the study?
What type of statements in social media can lead to rejection of a candidate according to the study?
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What should happen before contacting a current employer for a reference check?
What should happen before contacting a current employer for a reference check?
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Which of the following is a negative impact of a candidate’s social media profile?
Which of the following is a negative impact of a candidate’s social media profile?
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What did employers commonly report about candidates with inappropriate content on their social media?
What did employers commonly report about candidates with inappropriate content on their social media?
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What factor did the Ontario Court of Appeal consider in determining the status of the Keenans as dependent contractors?
What factor did the Ontario Court of Appeal consider in determining the status of the Keenans as dependent contractors?
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Which of the following is an obligation that employers have to their employees but not to independent contractors?
Which of the following is an obligation that employers have to their employees but not to independent contractors?
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What conclusion did the Court reach regarding the notice of termination for the Keenans?
What conclusion did the Court reach regarding the notice of termination for the Keenans?
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Why do many organizations prefer to hire independent contractors over employees?
Why do many organizations prefer to hire independent contractors over employees?
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In what way must independent contractors manage their own statutory deductions and taxes?
In what way must independent contractors manage their own statutory deductions and taxes?
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What was the court's decision regarding the Keenans' compensation after being dismissed?
What was the court's decision regarding the Keenans' compensation after being dismissed?
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What is one reason larger organizations aim to reduce their employee head count?
What is one reason larger organizations aim to reduce their employee head count?
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Which of the following statements about independent contractors is NOT true?
Which of the following statements about independent contractors is NOT true?
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What is the nature of negligent misrepresentation in the employment context?
What is the nature of negligent misrepresentation in the employment context?
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What are the potential legal implications for employers who fail to conduct proper background checks?
What are the potential legal implications for employers who fail to conduct proper background checks?
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What type of hiring relationship can inadvertently be created if parties do not intend to and miscommunicate their intentions?
What type of hiring relationship can inadvertently be created if parties do not intend to and miscommunicate their intentions?
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Which of the following best describes the role of executive search firms in recruitment?
Which of the following best describes the role of executive search firms in recruitment?
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What distinguishes employees from independent contractors in legal terms?
What distinguishes employees from independent contractors in legal terms?
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In the context of hiring, what does 'anticipatory breach' refer to?
In the context of hiring, what does 'anticipatory breach' refer to?
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What is a possible consequence of employers using inappropriate inducements to attract candidates?
What is a possible consequence of employers using inappropriate inducements to attract candidates?
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Why is it important to understand the distinctions between full-time, part-time, and temporary employees?
Why is it important to understand the distinctions between full-time, part-time, and temporary employees?
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The employer's representative informed Queen that the job was solely dependent on approval of funding for the project.
The employer's representative informed Queen that the job was solely dependent on approval of funding for the project.
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Queen accepted the job offer after having worked for approximately eight and a half years as a chartered accountant.
Queen accepted the job offer after having worked for approximately eight and a half years as a chartered accountant.
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After moving to Ottawa, Queen was able to secure the funding for the project he was hired to manage.
After moving to Ottawa, Queen was able to secure the funding for the project he was hired to manage.
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The Supreme Court of Canada found that the employer failed to meet its duty of care owed to Queen during the hiring process.
The Supreme Court of Canada found that the employer failed to meet its duty of care owed to Queen during the hiring process.
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Queen's employment contract allowed for termination without cause on two months' notice.
Queen's employment contract allowed for termination without cause on two months' notice.
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Negligent misrepresentation occurs when a statement is made carelessly.
Negligent misrepresentation occurs when a statement is made carelessly.
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Executive search firms have no legal implications in the recruitment process.
Executive search firms have no legal implications in the recruitment process.
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A restrictive covenant can impact an employer's decision in the hiring process.
A restrictive covenant can impact an employer's decision in the hiring process.
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All types of employees are treated the same under common law.
All types of employees are treated the same under common law.
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Background checks are unnecessary in the hiring process under common law.
Background checks are unnecessary in the hiring process under common law.
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Anticipatory breach occurs when one party violates the contract before the performance is due.
Anticipatory breach occurs when one party violates the contract before the performance is due.
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Innocent misrepresentation refers to a false statement made without knowledge of its falsehood.
Innocent misrepresentation refers to a false statement made without knowledge of its falsehood.
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Misrepresentation can only be classified as either negligent or fraudulent.
Misrepresentation can only be classified as either negligent or fraudulent.
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Minor misstatements that significantly misrepresent an applicant's qualifications usually justify dismissal without notice.
Minor misstatements that significantly misrepresent an applicant's qualifications usually justify dismissal without notice.
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Intentionally misstating a previous salary can always lead to dismissal without notice.
Intentionally misstating a previous salary can always lead to dismissal without notice.
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The British Columbia Court of Appeal found that Islip's misstatement of salary led Coldmatic to hire him.
The British Columbia Court of Appeal found that Islip's misstatement of salary led Coldmatic to hire him.
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Misstatements about an applicant's qualifications are considered less critical than misstatements about salary.
Misstatements about an applicant's qualifications are considered less critical than misstatements about salary.
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The case of Earle v Grant Transport supports the dismissal of an applicant for misrepresenting their past salary.
The case of Earle v Grant Transport supports the dismissal of an applicant for misrepresenting their past salary.
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Disciplinary actions may be justified against candidates for minor misrepresentations during hiring.
Disciplinary actions may be justified against candidates for minor misrepresentations during hiring.
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Deliberate misstatements will always result in automatic dismissal regardless of their impact.
Deliberate misstatements will always result in automatic dismissal regardless of their impact.
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Misstatements that do not induce an employer to hire an applicant usually lead to disciplinary action.
Misstatements that do not induce an employer to hire an applicant usually lead to disciplinary action.
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Employers can be held liable for misstatements made by recruitment firms during the hiring process.
Employers can be held liable for misstatements made by recruitment firms during the hiring process.
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An entire-agreement clause in an employment contract ensures that all prior oral statements are valid even after the contract is signed.
An entire-agreement clause in an employment contract ensures that all prior oral statements are valid even after the contract is signed.
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Candidates can successfully sue employers for breach of contract if promised pay increases do not materialize.
Candidates can successfully sue employers for breach of contract if promised pay increases do not materialize.
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Employers are held liable for any reliance on an inaccurate statement made during the hiring process, regardless of the circumstances.
Employers are held liable for any reliance on an inaccurate statement made during the hiring process, regardless of the circumstances.
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Misrepresentations that only cause inconvenience can lead to a negligent misrepresentation claim in employment.
Misrepresentations that only cause inconvenience can lead to a negligent misrepresentation claim in employment.
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Interviewers are encouraged to provide a realistic preview of the job to candidates to avoid misunderstandings.
Interviewers are encouraged to provide a realistic preview of the job to candidates to avoid misunderstandings.
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If an interviewer cannot answer a candidate's question, they are not required to follow up after the interview.
If an interviewer cannot answer a candidate's question, they are not required to follow up after the interview.
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An employer can easily void a job description for inaccuracies once a hiring contract has been signed.
An employer can easily void a job description for inaccuracies once a hiring contract has been signed.
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The reference checker is allowed to share comments from one reference with other references.
The reference checker is allowed to share comments from one reference with other references.
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Foreign references are considered less valuable than Canadian references according to employment guidelines.
Foreign references are considered less valuable than Canadian references according to employment guidelines.
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The plaintiff in Phutela v University of Alberta claimed damages of $2 million for slanderous information.
The plaintiff in Phutela v University of Alberta claimed damages of $2 million for slanderous information.
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The Alberta Court of Queen's Bench found malice in the comments made by the former employer in the Phutela case.
The Alberta Court of Queen's Bench found malice in the comments made by the former employer in the Phutela case.
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A reference checker should show interest in prohibited grounds of discrimination shared by references.
A reference checker should show interest in prohibited grounds of discrimination shared by references.
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Comments made by a former employer in reference letters are considered voluntary and not obligated.
Comments made by a former employer in reference letters are considered voluntary and not obligated.
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Employers often hesitate to give negative references due to the fear of lawsuits.
Employers often hesitate to give negative references due to the fear of lawsuits.
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The defence of qualified privilege can apply to statements made without malice in the context of libel.
The defence of qualified privilege can apply to statements made without malice in the context of libel.
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A dependent contractor has less autonomy than an employee.
A dependent contractor has less autonomy than an employee.
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Dependent contractors are not entitled to any legal protections like workers' compensation.
Dependent contractors are not entitled to any legal protections like workers' compensation.
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More than 50 percent of a dependent contractor's income must come from a single principal to qualify as dependent.
More than 50 percent of a dependent contractor's income must come from a single principal to qualify as dependent.
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A worker's classification as an independent contractor is fully determined by the parties' intentions.
A worker's classification as an independent contractor is fully determined by the parties' intentions.
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Independent contractors are considered entrepreneurs in business for themselves.
Independent contractors are considered entrepreneurs in business for themselves.
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The relationship between a principal and independent contractor is treated the same as the employer-employee relationship in law.
The relationship between a principal and independent contractor is treated the same as the employer-employee relationship in law.
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Dependent contractors have the right to unionize and bargain collectively with their principal.
Dependent contractors have the right to unionize and bargain collectively with their principal.
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Dependent contractors do not have to provide reasonable notice for termination of their contract.
Dependent contractors do not have to provide reasonable notice for termination of their contract.
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Study Notes
Provincially Regulated Employers - Learning Outcomes
- Understanding key common law issues related to hiring, including negligent misrepresentation
- Understanding the effect of using executive search firms in the recruitment process
- Explaining the legal implications of background checks, including internet and social media searches
- Understanding differences in employee categories (full-time, part-time, and temporary)
Areas of Common Law Liability - Misrepresentation by Job Candidates
- There is no legislation requiring job candidates to be completely honest during the application process.
- Courts may allow dismissal if misrepresentations are severe.
- Misstatements must be knowingly false, intended to deceive, and relied upon by the employer.
- Material misrepresentations, especially those about honesty and essential job duties, are grounds for termination.
- Minor misstatements not inducing hiring decisions usually do not justify dismissal.
- Employers should not mislead job candidates about the true nature of the job or its expectations.
Negligent Misrepresentation in Hiring
- Employers can be liable for inaccurate statements during the hiring process.
- Damages are owed if the employee relies on the inaccurate statement.
- The employer's belief in the accuracy of the statement is irrelevant.
- Employers must ensure accuracy in recruitment processes.
- Statements made about salaries are less serious than statements about qualifications.
Executive Search Firm Liability
- Recruitment firms are legally responsible for their actions in the recruitment process.
- Employers can be held liable if the firm acted negligently in their recruitment process.
- The contract between the employer and the search firm should specify the requirements for the firm when they are undertaking the search.
- The firm should follow a standard duty of care.
- Misstatements from the search firm can result in liability for the employer.
- Employers are expected to verify candidate information.
Misrepresentation by an Employer
- Employers can be held liable if they make misrepresentations to a prospective employee.
- If an employer gives inaccurate details about the job, and the applicant relies on it, the employer may be held liable for the damages.
- The employer's belief in the accuracy of the statement is not relevant.
- An employer's misrepresentation that does not induce the hiring of a candidate is not sufficient to cause liability for the employer.
Restrictive Covenants
- Employment contracts may limit competition with the former employer or soliciting their clients or employees.
- Restrictive covenants are enforceable only when reasonable.
- Reasonableness depends on geographical scope, duration of the restriction and the types of work prohibited.
- Courts do not like restrictive covenants preventing someone from earning a living in their own field.
Anticipatory Breach of Contract
- An anticipatory breach occurs when one party rejects their obligations before the start date.
- The employer may be held liable for damages for an anticipatory breach
- An employer should not take action in an anticipatory breach until the date that the offer has been formally accepted.
- Anticipatory breach is when the employer repudiates the employment contract.
- If circumstances change, the employer is not necessarily liable.
Background Checking: Negligent Hiring
- Extensive background checks are essential for candidate vetting.
- Employers run the risk of causing reputational damage or harm to others as a result of negligent hiring practices.
- An employer's duty to check references varies depending on the level of trust and vulnerability involved in the employment position.
- The employer is required to consider the potential for reasonable damages.
Reference Checks
- Employers are advised to get multiple references from various sources (supervisors, coworkers, teachers).
- Conducting further research about candidates is also appropriate.
- Employers must respect personal information protection acts when contacting references.
- Before checking references, employers should obtain the applicant's written permission.
Internet and Social Media Searches
- Social media and online searches are increasingly common in candidate vetting.
- Potential privacy issues and grounds for discrimination must be considered.
- Incorrect or misleading information can be a problem.
- Employers should perform searches with caution.
- Employers should ensure that they are not violating personal information protection acts.
Agency Employees
- Agency employees are managed by a third-party employment agency.
- Agency employees are not directly employed by the organization.
- The agency is responsible for managing and dealing with the employment of the agency employees.
- The agency is expected to meet employment standards for the agency employees.
- Employers can be liable for wrongful dismissal if they mistreat agency employees.
Different Types of Employees
- Permanent full-time, Permanent part-time, temporary, and casual employees are commonly used terms.
- The legal protection afforded to employees can differ based on their employment type.
- Employee status is determined by the level of control the employer has over the employee's work, including hours, tasks, and location.
Contractors vs Employees
- The difference between employers vs employees and independent contractors and dependent contractors involves the level of control of the organization or business
- Different criteria are used by legal organizations to decide the different types of roles for a worker.
- Legal authorities are more lenient toward recognizing the relationship as independent and economically independent when they have a longer term contract relationship with the business.
- A worker's economic dependence on one business is a strong indicator of them being an employee, rather than a contractor.
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Description
Test your knowledge on employment practices and legal obligations related to Edward Jones. This quiz covers topics such as non-competition clauses, client solicitation restrictions, and confidentiality concerns following employee departures. Understand the key legal aspects that protect employer interests.
