ADMS 3420 Chapter Notes - Chapter 6: Wrongful Dismissal

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Most of the laws that affects the job recruitment and hiring process is found under the regulatory regime, not the common law regime. Tort of deceit or fraudulent misrepresentation by a prospective employer. Employers cannot deliberately mislead or lie to a prospective employee in order to induce that person to accept an employment offer. This behavior is caught by the tort of deceit, as well as a contract law action called fraudulent misrepresentation. Tort of deceit: a tort in which party a makes a false statement with the intention of misleading part b; party b relies on the false statement, and as a result, party b suffers a loss. Fraudulent misrepresentation: a common law action based in contract law in which party a knowingly makes a false statement with the intention to mislead party b, and that statement induces party b to enter into a contract.

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