LAW 529 Lecture Notes - Lecture 3: Criminal Record, The Employer

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There are two discrete forms of negligence in hiring: Negligent misrepresentation by the employer (wrongful hiring). Where it is not, it will not provide grounds for dismissal. The required elements for a successful claim of negligent misrepresentation: The precise nature and particulars of the alleged misrepresentation what was said, when, where and under what circumstances have been established; The misrepresentation was made with the intention or expectation that it would be relied upon by the person receiving the misrepresentation; The person suffered a consequential loss or damage. The instance and type of background checks have dramatically increased, particularly since. Employers simply want to know more about prospective and current employees. A potential employer is liable for failure to check references; Always relevant, but particularly so for those whose job entirely depends on having certain professional credentials (e. g. , lawyers, doctors); The lack of credentials, however, may not be grounds for termination of employment. Note the requirements under ontario"s consumer reporting act;

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