Hiring the “Right” Employee

By Lisa Gallivan

Employees can be your biggest asset, if you hire the right people. This can often be one of the biggest decisions that you make as a business owner or employer. The “right” employee will be key to the success of your business and the “wrong” employee will bring cost and difficulty to you workplace. That is why it is important to keep the following points in mind when hiring, and firing, employees:

  1. Know your candidate. Always interviews your employee personally. Ensure that proper and thorough reference checks and any other checks necessary for the position (e.g. criminal background check) are completed. Know what background checks you can request, limitations on questions you can ask and what social media searches you can perform.
  2. Structure the relationship. Both employer and employee should be clear about the structure of the employment relationship. Is your employee full-time, part-time or a term employee? Will the employee work in a specific department? Who will the employee report to? How will the employee be paid? Will there be a probationary period?
  3. Have a contract in writing. An employment contract can be as simple as a letter of offer so long as it sets out the obligations of both the employer and the employee. Key clauses will include termination and notice provisions and any restrictive covenants or other limitation clauses that are required. Proper drafting prior to hire will ensure enforceability if the clause must later be tested.
  4. Communicate your workplace policies. Policies will only protect you if your employees are aware of the policies. For this reason it is essential that new employees sign a copy of each policy or a policy handbook provided to them.
  5. Keep your employees safe. Provide training and instruction on workplace requirements (attire, procedure, etc.), especially those designed to ensure employee safety and be sure to highlight any potential hazards specific to your workplace.
  6. Use restrictive covenants when appropriate. If your new employee will have high-level access to your clients or classified information about your business, consider including a non-solicitation or non-competition clause in your employment agreement. Proper drafting of such clauses will be key to ensuring that you may rely upon them if necessary in future.
  7. Know when it is time to terminate. Employees can be terminated for just cause or can be terminated without cause if reasonable notice is provided. Do not let floundering employees linger. Make tough decisions in a timely manner.
  8. Know your Human Rights responsibilities. Employers are required to accommodate individuals with illnesses, disabilities or other characteristics protected by statute. Termination may not be appropriate until multiple forms of accommodation have been attempted or until it is clear the employment contract has been frustrated.
  9. Know how much notice is required. Employees terminated without cause are generally entitled to common law notice, unless the contract of employment has limited the liability in this regard to the statutory, or a higher, minimum. Common law notice is based on a number of factors including age, length of service, position, other available jobs, etc. A properly drafted clause in your employment contract can help you to limit the amount that must be paid at the end of the employment relationship.
  10. Document, Document, Document. Documents relating reason for the termination and the employer’s decision to terminate should be kept, including original notes from interviews with employees.
SHARE

Archive

Search Archive


Generic filters
Filter by Custom Post Type

 
 

Caution – Reform ahead for Newfoundland and Labrador automobile insurance

April 18, 2019

Rodney Zdebiak and Anthony Granville On Monday, April 15, 2019, the Newfoundland and Labrador legislature passed a number of changes to the Automobile Insurance Act (“Act”) stating that the intent is to help stabilize insurance rates,…

Read More

The Ocean Supercluster – Navigating Innovation Together

April 12, 2019

Andrea Shakespeare, Kevin Landry and Matthew Jacobs The Canadian government has placed itself in the “global innovation race”. In response to the demands for innovation, the Canadian government has established the Innovation Superclusters Initiative which…

Read More

No Compass Needed – Ocean Supercluster Activities Explained

April 12, 2019

Andrea Shakespeare, Kevin Landry and Matthew Jacobs Canada’s Ocean Supercluster is a co-investment initiative between Canada’s federal government and the private sector that is part of the Innovation Superclusters Initiative. As we wrote about in…

Read More

Mapping Out Your Plan for a Technology Leadership Project in the Ocean Supercluster

April 12, 2019

Andrea Shakespeare, Kevin Landry and Matthew Jacobs As we discuss in our article, No compass needed – Ocean Supercluster activities explained, there are many ways to participate in the Ocean Supercluster and the Innovation Superclusters…

Read More

Project Eligibility in the Ocean Supercluster – Making Sure Your Proposal Can Set Sail

April 12, 2019

Andrea Shakespeare, Kevin Landry and Matthew Jacobs Technology Leadership Projects are collaborative projects undertaken by the Ocean Supercluster led by industry members in which industry members and the Ocean Supercluster will co-invest to perform research,…

Read More

Employer or employee: who owns social media accounts or contacts?

April 4, 2019

Grant Machum and Richard Jordan Employers carefully safeguard customer or client lists as confidential information. Gone are the days, however, where an employer’s customer list is only found in a Rolodex or in a closed…

Read More

Paper light employment files

March 28, 2019

Grant Machum and Guy-Etienne Richard Maintaining employment files requires physical space and can be costly. Nowadays many employers are moving away from keeping paper files to electronic storage. This brings up two issues: Are employers…

Read More

Nova Scotia announces changes to defined benefit pension funding

March 13, 2019

Level Chan and Dante Manna On March 12, 2019, the Nova Scotia legislature introduced long anticipated amendments to the Pension Benefits Act (“PBA”) which, according to a statement by Finance Minister Karen Casey, are aimed…

Read More

Supreme Court rules bankrupt companies cannot walk away from their environmental liabilities in Redwater decision

March 6, 2019

Julia Parent and Graham Haynes In the long-awaited decision in the case of Orphan Well Association v Grant Thornton Ltd, the Supreme Court of Canada held that end-of-life environmental cleanup obligations imposed by Alberta’s provincial…

Read More

Richards Estate sets the limits on actions against LTD insurers

March 6, 2019

Michelle Chai & Jennifer Taylor Justice Ann Smith of the Supreme Court of Nova Scotia recently dismissed an action against a disability insurer for being out of time. The case, Richards Estate v Industrial Alliance…

Read More

Search Archive


Generic filters
Filter by Custom Post Type