A
T or F: Valid contracts have to be written. Oral contracts are not valid.
False
What is a period of probation?
A period of time to determine if a worker is qualified to keep their position
T or F : Slander is written defamation
False
Type of defamation: making a false statement in written form
T or F: courts may award punitive damages (based on intent) or intentional torts
True
What's a person who conducts services to organizations and brings their own tools?
Independent Contractor
T or F: An employer can sometimes be held responsible for a tort committed by an employee during their working hours.
True
What is a severity clause?
If one part of the contract is invalid, that part can be removed while the remainder of the contract remains valid
The difference between a control test and an organization test? Which one answers what?
control test - are you an employee
organization - are you an employer
What's considered a reasonable person's test?
Above average but less than perfect
What's a person called who provides services to an organization without being an employee and brings their own tools? But they are economically dependent on the organization?
Dependent Contractor
Name four essential elements that can prove negligence
1. Duty to exercise care
2. Breach of standard of care
3. causation
4. damages
Which of the following is an incorrect element to include in a contract?
a. Key terms/conditions
b. salary
c. an indefinite clause preventing an employee from working anywhere else in the industry
d. benefits
c. An indefinite clause preventing an employee from working anywhere else in the industry
Two employees were fooling around in the office. Casey playfully pretended to slap Jake. She did not think much of it, but Jake was upset. What tort can he file?
Assault and Battery
what is vicarious liability
A liability that makes an employer responsible for an employee's actions during working hours.
A coworker spreads false information about another coworker, saying they have been stealing money from the company. What tort is that?
Defamation
Can you name 3/6 tests for distinguish employment relationship?
1. Degree of control
2. Ownership of tools
3. Who assumes the risk of profit/loss?
4. Durability of relationship
5. Does the individual work with other
organizations
6. Degree of integration into the company’s
activities
Acceptance Consideration
An employee has been terminated with false accusations, with no evidence and without termination pay? The non-unionized company cannot provide just cause. Who can this former employee file a complaint with?
BC employment standards branch
List all 5 types of employees
Full time
Part time
Temp
Casual
Agency
What was the final verdict of the Supreme Court of Canada in the Crocker (plaintiff) vs Sundance (defendant) case (1998)
Supreme Court ruled in favour of Crocker, making Sundance 75% liable and Crocker 25% liable for causing his own injuries
What show inspired our acts today?
Brooklyn 99!