LAW 529 Lecture Notes - Lecture 2: Wrongful Dismissal, Situation Two, Fax
8 Dec 2017
School
Department
Course
Professor
Document Summary
Cannot sue for wrongful dismissal if you"re an independant contractor. Must be an employee based on the applicable tests. The clients were not clients of the employees, but were clients of the business. The employees were only able to sell insurance from this one specific company and were inclined to operate based on the business" rules. Their activities were an integral part of the business as they were the ones that were selling the policies. They were provided office facilities, telephones and fax machines. Due to these facts, they were determined to be employees. Tort 1: deceit or fraudulent misrepresentation by prospective employer. Tort 2: failing to meet a reasonable standard of care to someone who is owed a duty of care for negligent misrepresentation. An interviewer telling someone in an interview that they"re going to get a promotion within 12 months and they don"t.
