Hiring the “Right” Employee
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:
- 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.
- 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?
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Archive
Section 156 of the Excise Tax Act (the “ETA“) provides an election that relieves certain related parties from having to collect Harmonized Sales Tax (“HST“) on the goods and services sold between them. The election deems qualifying…
Read MoreIN THIS ISSUE: More Than Wind – Emergence of Tidal Energy in Atlantic Canada by Sadira Jan Aquaculture and Salmon Farming in Atlantic Canada by Greg Harding The Expanding Atlantic Canada Offshore Industry: Growing Offshore without Going Offside by Stephen Penney and Rebecca…
Read MoreThe Supreme Court of Canada’s unanimous decision in the breach of contract case Bhasin v Hrynew, 2014 SCC 71 was released on November 13, 2014. The case is important in the law of contracts because…
Read MoreOn June 20, 2014, the Government of Canada announced a series of reforms to overhaul the Temporary Foreign Worker Program (“TFWP”). These reforms, many of which are effective immediately, function to: Re-organize the TFWP The…
Read MoreThe Editor’s Corner Clarence Bennett Summer is halfway over, but we know you will want to take this edition along with you while you enjoy more summer weather and time out of the office. Employers…
Read MoreOn June 26, 2014, the Supreme Court of Canada released one of the most significant aboriginal law decisions since Marshall – Tsilhqot’in Nation v. British Columbia, 2014 SCC 44 (also known as the William decision). This decision could have…
Read MoreIn Industrial Alliance Insurance and Financial Services Inc. v. Brine, 2014 NSSC 219, National Life (and later its successor Industrial Alliance) alleged Brine had received undisclosed CPP and Superannuation disability benefits resulting in a substantial overpayment of…
Read MoreAny individual, business or organization that uses email, text messages or social networks to promote their products and services should take note of Canada’s Anti-Spam Legislation and its accompanying regulations. Effective July 1, 2014, the…
Read MoreIN THIS ISSUE: Consistent Use: The Collection of Union Members’ Personal Information by their Union by Alison Strachan and Jonah Clements. Single Incident of Offensive and Threatening Facebook Post is Just Cause by Harold Smith, QC. The New Anti-Spam Law –…
Read MoreYesterday, Monday June 2, 2014, the Government of Newfoundland and Labrador introduced brand new (and unexpected) amendments to the Labour Relations Act. The full text of the proposed amendment can be accessed here. Bill 22, if it…
Read More