Entitled “12 Key Do’s & Don’ts of Hiring & Firing“, this piece is as relevant for early-stage and start-up ventures as it is for established companies.
McInnes Cooper writes: “The hiring process and the termination process are equally important stages of the employment relationship – and both are full of minefields for employers. It’s critical that employers put the time in both up-front to ensure they are hiring the right people in the first place, and at the back-end to ensure they are ending employment relationships in a way that complies with the law and minimizes their liability exposure.”
Here are their 12 “key” do’s and don’ts for employers when hiring and firing employees.
- Do require all applicants to submit a (well-drafted) employment application.
- Do check applicant references.
- Don’t ask interview questions that violate human rights legislation.
- Do use Social Media to screen candidates.
- Do be careful what you say – and don’t make promises.
- Do use a written employment contract – before you agree on the employment terms.
- Do pick the right (legal) reason for the termination.
- Do ascertain notice and prepare the separation package in advance when termination is without cause.
- Do plan ahead to implement the employment termination.
- Don’t violate the applicable employment standards legislation.
- Do always terminate with dignity, or be ready to pay the price.
- Don’t jump the gun if an employee resigns.