LAW 529 Chapter 3: CHAPTER 3.docx
Document Summary
If it has a significant hiring impact, employee can be terminated even if they are doing well: attestation clause : states that the information provided is true and complete to the applicant"s knowledge and that the applicant realizes that a false statement may disqualify her from employment or be the cause got dismissal, wrongful hiring: negligent misrepresentation, by an employer, employer fails to ensure the accuracy of statements made during the hiring process, there must be a duty of care, representation must be inaccurate and misleading, party must be negligent in making the misrepresentation, the reliance on the info must cause harm, employees recruited under false pretenses generally claim wrongful dismissal, employer should prepare a written contract that states that oral representations are void on signing a contract, where a reasonable person would have detected the inaccuracy or where the employee was in a position to verify but didn"t, the plaintiff will not be successful. ix.