11 February 2016

The employment minefield after hiring

The workplace certainly operates in a more complex fashion, compared to what many experienced in these past few decades. Certainly many stupid employers and employees have contributed to this, according to many cases that have been reported in the media, and there's a lot of dust that has yet to settle. However, some observations can be made.

There are several principles that have been enunciated by the courts, some of which may overlap:
 To be sure, this is just a thumbnail sketch. However, it is easy to see that this is an area where all decisions must be well and thoroughly thought out.

That's not all. There is also employer liability for acts during the working relationship. The list is complex, as noted by one of the larger Canadian law firms:
  1. An employer is ALWAYS DIRECTLY LIABLE for its own negligence in hiring, training, or supervising employees.
  2. An employer is ALWAYS VICARIOUSLY LIABLE for the wrongful acts of an employee within the scope of his or her employment.
  3. An employer MAY BE VICARIOUSLY LIABLE for the wrongful acts of an employee outside the scope of his or her employment.
  4. A party hiring an independent contractor is generally NOT VICARIOUSLY LIABLE for the wrongful acts of the independent contractor.
  5. An employer is ALWAYS VICARIOUSLY LIABLE for wrongs committed by an agent in the scope of the agent’s actual, apparent, or usual authority.
  6. An employer MAY BE VICARIOUSLY LIABLE for an employee’s breach of fiduciary duty owed to a previous employer, even if the new employer was unaware of the breach.
  7. The most effective way for employers to limit unnecessary liability is to take PROACTIVE PREVENTATIVE MEASURES. 
All of this arises just from the common law, and there are many statutory obligations that we have not yet touched upon! You'll definitely have questions about many aspects of how this may affect you. It will always be good to have a great lawyer on your side.

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