Employment Law Quiz

A legally binding agreement outlining the terms of employment between an employer and employee.

Provides evidence of the employment terms, reducing the risk of disputes.

Essential clauses in an employment contract, such as job description, salary, benefits, and working hours.

Factors that can influence the interpretation and enforceability of a contract, including lack of mutual benefits, unfair power dynamics, failure to meet legal standards, and outdated terms.

When both parties receive something of value in exchange for agreeing to the contract.

Unequal bargaining power, where one party has significantly more influence than the other.

Failure to meet legal requirements set by labor laws, impacting the contract's legitimacy.

Obsolete terms or clauses that are no longer relevant or applicable.

Something of value exchanged between parties in a contract, like wages for work done.

It's a verbal agreement that is just as valid and legally binding as a written one.

A clear explanation of the employee's duties and responsibilities within the company.

This clause specifies the agreed-upon compensation for the employee's work, often including salary, bonuses, and other benefits.

This defines the employee's working hours, breaks, and potentially scheduling flexibility.

This clause explains the terms of termination, including how much notice is required and potential severance packages.

A clause in an employment contract that restricts a former employee from working for competitors for a specific period of time and location.

A restraint of trade is a clause that limits someone's ability to work in a particular field, and non-competition clauses are generally considered restraints of trade.

An employment contract's non-competition clause will only be upheld if it is essential to protect the business's legitimate interests, covers a reasonable timeframe and geographical area, and a non-solicitation clause would not be enough.

A legal remedy obtained by an employer to prevent a former employee from engaging in certain activities that breach their employment contract, such as utilizing confidential information or soliciting clients.

A clause in an employment contract that prevents an employee from disclosing confidential information acquired during their employment.

A clause in an employment contract that prevents an employee from soliciting the employer’s clients or customers for a certain period of time after leaving their job.

A legal principle that dictates that non-competition clauses must be narrowly tailored to protect the employer's legitimate interests and should not go beyond what is necessary.

A type of restrictive covenant that is used to protect confidential information, but it is not as restrictive as a non-competition clause. It imposes a lower threshold for enforceability because it focuses on specific information rather than broad business activities.

A clause in a contract that specifies the laws of a particular jurisdiction that will be used to interpret and apply the contract.

A legal principle where a party's intellectual property created during employment belongs to the employer if it was created within the scope of that employee's job duties.

This Act in BC codifies principles related to choosing which jurisdiction's law applies to a contract.

When an employment contract clearly states the jurisdiction whose laws will be applied to it.

The case in which a college instructor won damages for copyright infringement after his photograph was used by the college without his permission, as taking photographs was not part of his teaching duties.

A case where a judge ruled an employee's literary work was owned by the employer because it was created within the scope of the employee's duties.

When there is a dispute, the choice-of-law clause in a contract helps determine which jurisdiction's laws apply, eliminating confusion.

A contract may face challenges when it involves an employer and employee from different jurisdictions.

In employment contract law, something that is unreasonably one-sided, lacking fairness and potentially exploitative, often found in situations where an employee lacks informed consent or has limited bargaining power.

When an employment contract, particularly one with inequitable terms, is examined in its entirety to determine if it deviates excessively from acceptable commercial practices, indicating an unjust agreement.

A court case highlighting the principle that a contract's enforceability isn't necessarily compromised just because an employee's attention wasn't explicitly drawn to a specific provision.

The principle that a significant change in the terms of employment, even with sufficient notice, can be considered a dismissal of the contract without an offer of new employment, potentially leading to legal action for wrongful dismissal.

A new condition added to an existing employment contract that was not part of the original agreement. This can be unenforceable if the employee is not receiving anything new in exchange for agreeing to the new term.

When an employer tries to change an employee's existing contract without giving them any new benefits or compensation in exchange.

Adding new terms to a contract after it's already been signed requires offering something new to the employee, like more pay or a specific benefit. This extra thing is called 'consideration.'

A way to incorporate changes or new terms into an employment contract without needing to offer new benefits or compensation. This involves a two-step process: 1) including the document outlining those terms by reference in the initial employment offer, and 2) making the offer conditional on the employee accepting the terms in that document.

Changes to an employment contract that are allowed if the employer incorporates a document outlining those terms into the original contract and makes the offer conditional upon employee acceptance. This applies even if the terms change later, as long as the employer notifies employees of the changes.

Incorporating a policy document into the employment contract by reference allows an employer to amend the contract during the course of employment without needing fresh consideration. This is legal if the document itself allows for future amendment.

A legal principle stating that someone who has already agreed to a contract cannot be forced to accept new terms that were not part of the original agreement unless something new is offered in exchange. This ensures fairness and balance in contract negotiations.