Whether it is at the federal level or at the provincial level, there’s a plethora of employment laws that threaten the livelihoods of tens of thousands of businesses – large and small – across the Great White North. Some of these are justified, and some of these are not as much. That said, even if you disapprove of these labour codes and regulations, it is your job to abide by them. How can you ensure you’re complying as much as possible?
Here are five basic employment compliance tips for startups:
1. Don’t Use Certain Language in Job Ads
In today’s contentious and hostile environment, it seems like most people are looking for a lawsuit or are itching to file a human rights claim, even if they don’t work for the company.
Over the years, you might have read about social media going apoplectic about a private business that had the temerity to request certain job applicants. For instance, a Toronto-based enterprise recently preferred men for a job that required heavy-lifting; the ad was taken down and the owner blamed it on some kid who didn’t speak English.
What should you do? Well, don’t use any language that may appear to be discriminatory, even if you think it’s benign and you don’t have any malicious intent.
Simply put: don’t ask for specific ages, genders, ethnicities, and languages. Just put a job ad out there, fill in the basics, and wait for the applications.
2. Know How to Conduct Interviews
Similar to posting the right job ad, you need to know how to conduct employment interviews today.
You might have seen those parody videos of companies interviewing millennials who get offended by elementary questions. Unfortunately, that is the reality of the labour force as of late.
So, how exactly should you conduct an interview that won’t create an employment law violation?
There’s a myriad of factors to take into account, but the primary thing is to not ask anything that would be deemed personal by the interviewee: marital status, family planning, age, background, or health.
3. Take Office Complaints Seriously
Yes, it is true that many people today are natural born whiners who grieve about everything. That said, most complaints made at the office are genuine and should be taken serious by management.
Everything from sexual harassment to workplace bullying, if an employee speaks with you about certain working conditions and they feel that their livelihood is being threatened, you should listen and take appropriate action. This could consist of investigation, suspension, or termination of the culprit.
As long as you can prove that you have employed the right measures, you are free of any litigation.
4. Draft Workplace Policies to Protect the Firm
To ensure that you have personnel that have straightened and flied right and will toe the company line, you need to establish workplace policies. This not only protects staff, it also protects the business.
Typically known as a human rights claim, the workplace guide provides information pertaining to discrimination, harassment, social media policies, disciplinary procedures, general conduct, and your required behaviour.
Again, if you have staff protocol and your business takes it seriously, then you won’t have your reputation soiled with employment lawyers filing lawsuits against your business – large or small.
5. Get Everything in Writing
What is the best way to defend yourself from employment lawyers? A piece of paper with writing on it.
It is critical to have everything in writing as well as signatures. This could include everything from promotions to demotions, from pay raises to pay decreases, from hiring to firing.
Whatever the case might be, you should get most aspects of the business in writing. If the employee agrees or acknowledges the matter at hand, then they can’t take you to court – or, if they do, then your private enterprise is able to defeat the case.
You may not agree with certain employment laws in the books, but they are there, and you will need to comply no matter what it is. Remember, one minor slip up and a whole host of employment lawyers will knock on your door and inform you that John Doe and Jane Smith are suing you for wrongful termination or failure to take action against harassment. Of course, this works both ways and you may want to hire an employment lawyer for help too.
By adopting these rudimentary employment law compliance tips, you can build a shield or increase your chances of winning any case that is brought against you.
