Comm 315 - notes for final - Employer/Employee relationship...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
Employer/Employee relationship Employment at will; Doesn’t exist anymore (eg: boss is mad: Bill you’re fired); however, there is probation of 3 months, no proper justification is required but a notice is required; Concept that states that “employers may dismiss their employees at will… o for good cause o for no cause o and even for cause morally wrong o without thereby being guilty of any legal wrong Termination and Job Ownership Job ownership is a doctrine which states that a job is like a property rather than a contract; It cant be taken away without due process in exceptional circumstances; i.e.: Judges, university professors (10 yrs); they have independence, freedom of pressure; Cont ract of employment Def.: 2085 CCQ. A contract – written or not; verbal contract is considered Of limited duration; o Subordination (Relationship employer-employee) Employee obligation Do work Accept employer’s instructions, direction and control Employer’s obligation – pay the agreed remuneration Can be fired if you’re late 2086 CCQ – Contract Indeterminate terms; refers to most contract, doesn’t know when it ends Fixed term; very specific duration; there are some clauses in contract that allows employer to terminate the contract after a certain period 2087 CCQ – Employer Obligations Allows performance of work; means that employers must provide proper resource for the job Pay remuneration agreed; Protect health, safety, dignity; employee can refuse to work if health and safety are not respected and still have to get paid 2088 CCQ – Employee Obligations Fiduciary duty Perform work prudently (employer’s interest is protected), diligently
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Act faithfully (Give fully attention to the job) and honestly; Not use confidential information obtained in job; Bon pere de famille; responsible to manage the job as if its your own family Primary rights vs. General Knowledge i) “C.I.” is common knowledge to the public; ii) “C.I.” is common knowledge in the industry concernced; iii) Was the C.I. protected by the company?; iv) What is the value of the C.I.; v) Effort, time and money spent to develop C.I.; vi) Difficulty to reproduce the C.I.; Insider Trading Buying or selling securities while in possession of non-public information. (Ie: Information about a merger or acquisition) The stock in the company will generally rise after the acquisition is announced. The securities and exchange commission (SEC) is the body that regulates the securities industry. Who is an insider? Someone working inside the company Someone working outside the company but holding sensitive information about it. I.E.: Accountant, Lawyer Someone outside receiving information from the above mentioned persons. Confidentiality and trade secrets
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 11/09/2011 for the course ECON 220 taught by Professor John during the Spring '11 term at University of Arkansas – Fort Smith.

Page1 / 19

Comm 315 - notes for final - Employer/Employee relationship...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online