1. SIGNED EMPLOYMENT AGREEMENT/OFFER:
Before the employee starts any work:
ensure that the employment agreement/offer addresses everything necessary, including for termination (with and without cause), leaves of absence, police record checks (if desired or mandatory), health and safety training, accessibility, job description (defining the position adequately), confidentiality, right to lay-off, rules for suspension, etc.;
2. POLICE RECORD CHECKS AND PROFESSIONAL REFERENCES:
3. HIRING AND RECRUITMENT:
ensure avoidance of discriminatory practices prohibited by the Ontario Human Rights Code, R.S.O. 1990, c. H. 19, as amended (the “Code”); and
4. BE CLEAR ABOUT WORK, ESPECIALLY REMOTE WORK:
before the employee is permitted to work remotely, such as from home, ensure you have a workplace policy specifying eligibility, rules, requirements to do so (responsiveness, productivity, conduct, etc.), digital security and access, confidentiality and approval for overtime work, among other things; and
consider your own confidentiality requirements and ensure the employee is required to meet those obligations, including via online communications, using digital devices, etc.
5. BE SENSITIVE TO POTENTIAL DISABILITY ISSUES:
request the employee to identify any potential accessibility or accommodation needs, if any, being very mindful of avoiding questions, or requesting information, prohibited by the Code; and
6. PROTECT CONFIDENTIALITY:
ensure that you have the employee’s properly signed confidentiality acknowledgement, depending on the nature of your business and the importance of confidentiality to you and your clients, customers, employees, service providers, etc.
7. PROTECT YOUR PROPRIETARY INTERESTS:
if you have proprietary intellectual property and/or information technology assets, ensure you have a proper acknowledgement signed by the employee to protect both your IP and IT assets in future, including digital assets.
8. DISCLOSURE OF PERSONAL INFORMATION:
ensure that the employee has properly signed a consent to the disclosure of the employee’s personal information (i.e. photographs, videos, etc.) for the purpose of marketing and/or promotion of your business, if desired; this also protects your third-party marketing and/or promotion partners and agents.
9. SET EXPECTATIONS:
10. COMPLY WITH STATUTORY AND CRA RULES:
inform the employee of where a copy of (Ontario’s) Occupational Health and Safety Act, R.S.O. 1993, c. O.1, as amended (the “OHSA”), is posted prominently in your workplace;
inform the employee of where copies of both your heath and safety policy and your violence, harassment and sexual harassment prevention policy are posted prominently in your workplace, as required by the OHSA;
This is a summary only, intended to be for your general information only.
We strongly recommend that you contact us, or other qualified employment law counsel, for specific advice that may apply to, or be helpful for, any concerns you may have with hiring a new employee.
© WARDS LAWYERSPC