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17 Cards in this Set
- Front
- Back
independent contractors
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a person working for himself who contracts to provide specific services to another
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employee
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a person working for another who is told what to do and how to do it
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control test
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test of whether an employment relationship exists based on whether the person being paid for work is told how, when, and where to do it
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organization test
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test used to establish whether a worker is an employee or independent contractor; examines whether the worker is providing services integral to the organizations business
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wrongful dismissal
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dismissal without reasonable cause or notice
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agents
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person authorized to represent or act on behalf of a principal in dealings with others
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pay in lieu of notice
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an amount paid to a dismissed employee rather than notice to terminate
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reasonable notice
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length of notice to be given an employee to terminate an employment contract of indefinite term; determined with reference to length of service and nature of employee's position, among other factors
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just cause
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valid reason to dismiss an employee without notice
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constructive dismissal
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unilaterally demoting or changing the duties of an employee, contrary to what was agreed to in the employment contract; conduct that essential terminates a pre-existing contractual relationship which could be treated as a dismissal
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issue estoppel
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principle preventing an issue from being litigated again on grounds that it has already been determined in an earlier trial or hearing
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pay equity
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principle or statute requiring equal pay for work of equal value
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employment equity
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correction of employment situations where there has been a tradition of racial or gender imbalance
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reverse discrimination
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prejudice or bias executed against a person or class to correct a pattern of discrimination against another person or class
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affirmative action
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programs intended to correct racial, gender or other imbalances in the workplace
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mandatory retirement
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forced retirement from employment generally at 65 years
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ratification
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majority agrees with terms of collective bargain; principal confirms a contract entered into by his or her agent
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