Employment Law, Chapter 3 Study Guide Questions And Correct Answers

Education and Professional Credentials Checks {Ans: Failure to do these checks can result in negligence claims if harm comes to a third party.}Anticipatory Breach of Contract {Ans: Occurs when one party rejects the employment contract after the offer of employment has been accepted but before employment begins. Typically, the employer is sued with breach of contract for changing their mind.}Test for negligent misrepresentation {Ans: • there must be a duty of care based on a special relationship between the party making the representation and the candidate; • the representation must be untrue, inaccurate, and misleading; • the party making the representation must have acted negligently in making the misrepresentation; • the candidate must have reasonably relied on the negligent misrepresentation; and • the reliance must have caused harm to the candidate}Police Records Checks {Ans: Required when the job is working with vulnerable people or involves substantial trust. Required by law for certain industries or sectors.}Internet and Social Media Searches {Ans: The possibility of mistaken identity, no quality control (anyone can post anything), searches often reveal information that touches on prohibited grounds of discrimination}Restrictive Covenants {Ans: Many written employment contracts restrict the ability of employees