LAW 529 Chapter Notes - Chapter 3: Unemployment Benefits, W. M. Keck Observatory, Fide
8 Sep 2013
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Document Summary
Areas of common-law liability: misrepresentation by job candidates. No legislation that requires job candidates to be honest during application process. Courts held however that misrepresentations made by employees before they are hired may justify dismissal if the misrepresentations go to the root of their qualifications for the job. False statement has significant impact on the hiring decision, an employer can terminate employee as a result of the misrepresentation even if employee is performing satisfactory. Also applies to false statements that suggest inherent lack of honesty, especially when job requires high degree of trust. If employer makes misrepresentation that is relied on by a prospective employee and that employee suffers damages because of it, the employer may have to compensate the employee. Irrelevant if employer sincerely believed that misleading statements were true. Case: queen v. cognos inc (pg 67) (queen won case) Supreme court rules employer and its representative breached duty of care owed to queen during hiring process.
