LAW 529 Chapter Notes - Chapter 3: Attestation Clause, Wrongful Dismissal, Cognos

• School: Ryerson University
• Department: Law and Business
• Course: LAW 529
• Professor: Wally Whistance- Smith

Document Summary

Areas of common law liability: misrepresentation by job candidates. Misrepresentations made by employees before hiring may justify dismissal if misrepresentations are at core of the job qualification, affects hiring decision, etc. Does not matter if employee is even performing the job satisfactorily. Statement may not be necessarily material but if it suggests lack of honesty dismissal is justified if job requires high degree of trust. Minor or negligent misstatements do not customarily justify dismissal without. Educational or professional qualification should be stated in job posting if it is notice necessary: wrongful hiring: negligent misrepresentation. If misrepresentation causes damages suffered by prospective employee, employer may have to compensate: does not matter if employer sincerely believed false statements were true, employer has an obligation to ensure material statements are accurate during recruitment process. Negligent misrepresentation: failing to take reasonable care in the hiring process that results in foreseeable injury to a third party.