Employment Law Ch 1, 3-4 Study Guide Rated A+

Use of Ambiguous Language - {Ans: if a term can have two interpretations the court will interpret it AGAINST the party which drafted the agreement because they are the one who could have avoided the problem "contra proferentum"}Inducements {Ans: Occur when an employee is lured from a position through aggressive recruiting - includes repeated contact to encourage the employee to switch jobs If an employee is induced to leave secure employment and is subsequently terminated, this can lead to increased damages in wrongful dismissal, such as a higher notice period. **a clause that will recognize whether work with a previous employer will be recognized for notice/severance purposes**}Anticipatory Breach of Contract: {Ans: When one of the parties rejects the employment contract through conduct or statements before the employment has begun An offer of employment has to have been made and accepted, subsequently rejected and damages must have been suffered}Negligent Misrepresentation by Employer: {Ans: making inaccurate statements during the hiring process, even if the employer believed them to be true Employees hired under false pretenses usually bring wrongful dismissal claims Employers protect themselves by having accurate job descriptions, being candid at the interview, using employment contracts, not being