RECOVERY IN THE CKL – JASON'S AND CALVIN'S "HIRING CHECKLIST" CHEAT SHEET!

HIRING CHECKLIST

1.     SIGNED EMPLOYMENT AGREEMENT/OFFER:

Before the employee starts any work:

• ensure that you have the employee’s properly signed employment agreement or accepted offer of employment;

• 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.;

• consider whether the employment agreement/offer should contain any non-competition and/or non-solicitation provisions to protect your business and assets in future; and     

• provide a copy of the agreement/offer to the employee before the employee starts in the position.

2.     POLICE RECORD CHECKS AND PROFESSIONAL REFERENCES:

• obtain any required police record check (judicial record check, vulnerable sector check) and professional reference(s) prior to the employee starting any work for the position; and 

• ensure that the employment agreement/offer is conditional on those requirements and being satisfied with the results. 

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

• review and adhere to your “The Hiring Process – Do’s and Don’ts”.

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:

• offer accessibility and accommodation during the recruitment and hiring process, if necessary;

• 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

• review and adhere to your “The Hiring Process – Do’s and Don’ts”.

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:

• provide the employee access to review your workplace policies before the employee signs the employment agreement/offer;

• offer to review those with the employee and answer any questions; and

• ensure that the employee signs an acknowledgement verifying the employee’s review of your workplace policies (and any other key expectation(s) for the employee in future) and agreement to adhere to those in future.

10.   COMPLY WITH STATUTORY AND CRA RULES:

• add the new employee to your CRA account for payroll source deductions, etc.;

• ensure that the employee completes a TD-1 and a TD1ON Form;

• complete the year-end T4A and other CRA requirements for the employee;

• add the employee to your Workplace Safety and Insurance Board account, if applicable;

• 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;

• give the employee a copy of the “Health & Safety at Work: Prevention Starts Here” poster, required by the OHSA, which must also be displayed prominently in your workplace at all times;

• inform the employee of the names and locations of your workplace Joint Health and Safety Committee members, if applicable;

• give the employee a copy of the “Employment Standards in Ontario” poster, published by the Ontario Ministry of Labour; and

• arrange for the employee, including if he or she is a supervisor, to complete the mandatory health and safety awareness training 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.

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