Edward Jones Employment Quiz

A false statement made by one party to another. It can be negligent (made carelessly), fraudulent (made knowingly), or innocent (false but made without intent to deceive).

A legal claim arising from the failure to exercise reasonable care in the recruitment process, often involving background checks. An employer is liable for harm caused by an employee due to their negligence in hiring.

A type of misrepresentation where a party makes a false statement about a fact material to the agreement. In hiring, this can involve misleading candidates about the job, the company, or the compensation.

A legal doctrine that applies when an employer is aware of a potential risk posed by a person they hire. The employer can be held liable for harm caused by this person if reasonable steps were not taken to mitigate the risk.

A legal document that restricts a former employee's ability to work for competitors or to use confidential information. Used to protect the employer's business interests.

An agreement that is breached before the performance begins. In hiring, it could occur when one party reneges on the agreement before the start date.

A person hired to perform a specific task, typically on a project basis. They are not considered employees and do not receive benefits like employees.

A legal relationship where one party (the employer) controls the work of another party (the employee). This relationship defines obligations and rights of both parties.

A statement on a job application form that ensures the applicant declares the information provided is true, and they understand the consequences of providing false or incomplete information.

A statement made during the hiring process that is inaccurate and leads to a prospective employee suffering damages.

An employer's responsibility to ensure the accuracy of statements made during the recruitment process to avoid liability.

A legal case that highlights the potential liability for employers who do not ensure the accuracy of statements made during the hiring process.

The consequences an employee faces for providing false or incomplete information on an application, including potential dismissal or disciplinary action.

The requirement for employers to explicitly state essential qualifications or skills needed for a specific job, ensuring transparency in the hiring process.

An employer's legal position is strengthened by including an attestation clause on application forms, signifying that the applicant understands the consequences of dishonesty.

A legal wrong that occurs when someone makes false and damaging statements about another person, harming their reputation.

A type of defamation that involves spoken words.

A type of defamation that involves written words.

A legal defense that argues that a statement made, even if damaging, was true and therefore not defamatory.

A practice adopted by some employers to avoid liability for potentially defamatory references.

The failure to exercise reasonable care, resulting in harm or loss to another party.

A legal claim arising from negligent hiring practices, whereby an employee without the required qualifications causes harm to a third party.

A background check that verifies educational qualifications and professional or trade certifications.

A clause in an employment agreement that prevents a former employee from soliciting clients or customers of their previous employer for a certain period after leaving.

A clause in an employment agreement that prevents a former employee from working for a competitor for a certain period after leaving.

A clause in an employment agreement that establishes trade secrets as the property of the employer.

A legal order issued by a court that prevents a person from taking specific actions, such as using confidential information or contacting clients of a former employer.

A legal process that allows a court to authorize the search and seizure of specific items, such as confidential information, from an individual's possession.

A legal principle that discourages the enforcement of clauses that unreasonably restrict an employee's ability to earn a living after leaving their job.

A specific reason for an employer to seek legal protection, such as preventing an employee from using confidential information to unfairly compete with their former employer.

A formal offer of employment made to a candidate, subject to certain conditions that must be met before the offer becomes final.

A type of background check where an employer contacts previous employers or references to gather information about a candidate's work history and character.

Online profiles that individuals create to share information about themselves and connect with others. Employers may use them to learn more about candidates.

When an employer's background check of a candidate reveals information that might disqualify them from the position.

A type of background check that involves searching for information about a candidate online.

A legal relationship where a principal hires an individual to perform a specific job or task without an employment contract. They are not considered employees and are responsible for their own taxes, benefits, and work arrangements.

The trend of replacing traditional employees with independent contractors to reduce costs, legal obligations, and administrative burden.

Benefits like vacation pay, overtime pay, parental leave and other protections that are provided to employees but not to independent contractors.

A legal principle stating that a court will consider all aspects of a relationship when determining dependency, not just recent interactions.

An extended period of working exclusively with a particular company, establishing a strong dependence on that relationship.

A period of time an employee is entitled to receive pay after their dismissal, typically calculated based on their length of service.

A false statement made by one party to another during the hiring process that can lead to legal issues. This could involve misleading information about the job, company, or compensation.

A type of misrepresentation where a party makes a false statement about a fact material to the agreement but does so without intending to deceive or knowing it was untrue.

Minor misstatements that do not significantly impact the applicant's qualifications or character usually don't justify immediate dismissal.

Even deliberate misstatements that don't lead to the employer hiring the applicant may not justify dismissal.

Unintentional misstatements about work experience are unlikely to justify dismissal, especially if they have no significant impact on the employer's decision.

Misstatements about an applicant's previous salary may not justify dismissal, even if intentional, if they don't influence the employer's hiring decision.

Misstatements about an applicant's qualifications or character may not justify dismissal without notice, but might justify disciplinary action.

Statements about an applicant's past salary are typically less critical than statements about their job qualifications.

Cases like Islip v Coldmatic Refrigeration demonstrate that misstatements may not justify dismissal if they don't influence the employer's decision to hire.

In cases like Earle v Grant Transport, courts have determined that misstatements of salary alone rarely warrant dismissal without notice.

A legal obligation for an employer to take reasonable care in hiring practices to prevent harm to applicants.

A false statement made by an employer that causes harm to a potential employee, often leading to legal claims.

When a company fails to provide accurate information about a job or the company during the hiring process, potentially misleading candidates.

The legal consequences an employer faces for making false or misleading statements to candidates during the hiring process.

Making sure all interviewers understand the job and its compensation package. It involves honestly presenting the job's realities.

Employers are responsible for statements made by recruitment agencies on their behalf, even if those statements are exaggerated.

A clause in a contract that states all prior oral discussions are superseded by the written terms.

A statement in a contract that makes prior oral statements void.

Employers are not liable when employees unreasonably rely on inaccurate information. If a reasonable person could have detected the inaccuracy, the employee cannot claim misrepresentation.

A written agreement that outlines all terms and conditions of employment, including the scope of work, compensation, and duration of employment.

A statement in a contract that confirms the employer's prior statements are invalidated upon signing.

A formal agreement outlining the terms and conditions of employment, including salary, benefits, and duration.

A statement made by a former employer about a candidate, which is protected from defamation lawsuits if made without malice and in good faith.

A common problem with reference checking where former employers are hesitant to criticize a candidate for fear of a lawsuit.

The reference checker should not share the comments of one reference with other references or disclose their identities.

A legal test used to determine whether someone is an employee or an independent contractor.

A legal test based on the individual's entrepreneurial capacity. If they are in business for themselves, they are more likely to be classified as a contractor.

A legal test that considers a worker's economic dependence on a particular organization. If they rely on that organization for a majority of their income, they may be considered a dependent contractor.

A legal principle that determines the legal rights and responsibilities of a party based on their status, either as an employee or a contractor.