2750achapter12notes - Chapter 12 Employment What is...

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Chapter 12: Employment What is Employment? Employment involves one person doing work for another Work of independent contracts, such as doctors, lawyers, plumbers, must be distinguished from employment Control Test: o Assess the degree of control exercised by the person paying for the service o The employment relationship involves a contract in which the employee agrees generally to serve the employer, who in turn has the right to supervise and direct o Independent contractor agrees to do a particular job, not to enter a general service relationship Organization Test: o Where the individual is an integral part of the organization, working only for that company and subject to group control, that person is likely an employee o If that person is free to offer services to others and bears the risk of profit or loss if work is not completed in a timely manner, he maybe an independent contractor o Agents can be independent contractor or employee The Law of Master and Servant: Employment law is governed primarily by the general provisions of contract law, supplemented by these special rules as well as a number of statutes that further define responsibilities and obligations of the parties Obligations: o Payment of wage and salary o Safe work conditions Obligations of Employee: o Competent work o Honesty and loyalty o Punctuality o Fiduciary care Restrictive covenants are included in the original contract, committing the employee not to work in a particular geographic area or in a particular industry after leaving the position, they have to specify a reasonable time and area Termination: o Contract may stipulate amount of notice to be given o Otherwise, reasonable notice of termination required by both employer and employee Reasonable notice: o The courts impose notice periods on the basis of such factors as length or service, type of job, and employee’s age and qualifications, and the nature of the job market Just Cause: o Where there is just cause, there is no requirement for an employer to give notice www.timetocram.com
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o When dismissing employees for dishonesty or behavior such as fraud or theft, great care must be taken to ensure that the accusations are accurate and evidence if firm Disabled Work: o There is a legislated duty to accommodate disabled workers who are still able to work, and human rights commissions are very willing to rule against employers who too quickly fire workers because of illness or disability o The employer must take great care to accommodate such disabled workers and to otherwise comply with provisions of both the applicable human rights Disobedience and incompetence: o Although an employee is entitled to refuse to work because of dangerous working conditions, failure to perform a reasonable order is also grounds for dismissal without notice Layoffs: o When an employer simply runs out of work for the employee to do or runs into financial difficulties, that is not just cause for termination, and reasonable notice is still required
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2750achapter12notes - Chapter 12 Employment What is...

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