Comm315
COMM 315 - FINAL EXAM REVIEW
Contract of Employment: *Contract: document/understanding between two people)
[2085] Employer directs/controls work (give work, feedback, job tools, place to work) of Employee
Contractor: No direction and control, contractor sets his own daily schedule, vacation schedule, provides his own tools (e.g. computer) e.g. lawyer: is hired as an agent/agency, does not direct/control
[2086] contract can be for a fixed period of time or indeterminate time (open-ended)
[2087] Health Safety Dignity: Obligations of the Employer to the Employee:
To provide the work / To pay for the work / To protect the health, safety (e.g. protective clothing), dignity
[2088] Fiduciary duty (Trust): Obligations of the Employee to the Employer: work with prudence/ diligence, work faithfully/ honestly, protect confidential info (“a proprietary right”).
Whistle blowing: disclose info about company. Internal WB: Write msg to boss with problem. External WB: go see lawyer if bosses not doing anything (Journalis). Lastly: government.
[2089] Non-competition: If you leave/ fired for a reason there can be prohibitions on where you can work
The Shake Test: 5 steps to proving validity of a non-competition clause (the answer to each step must be “yes” for the clause to be valid; burden of proof on EER)
1. Is it in writing? (cannot be verbal)
2. Does it specify time/ place/ type of employment?
3. Does the EER have a “legitimate” reason to protect? (can you damage the EER by using knowledge gained?)
Burger flipper = EEE talent / Game developer = EER paid for EEE to develop IP
4. Are the limitations from (2) reasonable?
E.g. appropriate place? (North America covers a lot of ground)
E.g. time? (one year is not reasonable if lifetime of software is ≤ six months)
E.g. type of employment?
[2095] If you’re fired without cause cannot invoke a non-competition clause:
[2091] indeterminate term: either side can end at any time providing
Contract of Employment: *Contract: document/understanding between two people)
[2085] Employer directs/controls work (give work, feedback, job tools, place to work) of Employee
Contractor: No direction and control, contractor sets his own daily schedule, vacation schedule, provides his own tools (e.g. computer) e.g. lawyer: is hired as an agent/agency, does not direct/control
[2086] contract can be for a fixed period of time or indeterminate time (open-ended)
[2087] Health Safety Dignity: Obligations of the Employer to the Employee:
To provide the work / To pay for the work / To protect the health, safety (e.g. protective clothing), dignity
[2088] Fiduciary duty (Trust): Obligations of the Employee to the Employer: work with prudence/ diligence, work faithfully/ honestly, protect confidential info (“a proprietary right”).
Whistle blowing: disclose info about company. Internal WB: Write msg to boss with problem. External WB: go see lawyer if bosses not doing anything (Journalis). Lastly: government.
[2089] Non-competition: If you leave/ fired for a reason there can be prohibitions on where you can work
The Shake Test: 5 steps to proving validity of a non-competition clause (the answer to each step must be “yes” for the clause to be valid; burden of proof on EER)
1. Is it in writing? (cannot be verbal)
2. Does it specify time/ place/ type of employment?
3. Does the EER have a “legitimate” reason to protect? (can you damage the EER by using knowledge gained?)
Burger flipper = EEE talent / Game developer = EER paid for EEE to develop IP
4. Are the limitations from (2) reasonable?
E.g. appropriate place? (North America covers a lot of ground)
E.g. time? (one year is not reasonable if lifetime of software is ≤ six months)
E.g. type of employment?
[2095] If you’re fired without cause cannot invoke a non-competition clause:
[2091] indeterminate term: either side can end at any time providing