How to ensure your hiring documents are drafted properly

Oct 20, 2016

Every business requires hiring documents, whether you’re just beginning to develop HR policies or you are a larger business. Larger businesses will often revisit existing documents that contain specific policies and clauses that need to be in place to legally protect your business from any potential damages.

HR policies and legal clauses are important to businesses not only because they set out your expectations of an employee but they also are in place to address legislation and to protect your business from potential employee claims.

It’s important that you consider the following points when preparing your written contracts and agreements so that you are assured that your hiring documents are drafted properly. 

Why your business should have written employment contracts

Most businesses utilize written employment contracts because they are the best way to protect the business and its client base. Other benefits that written employment contracts will bring to a business is legal flexibility in regards to the employment relationship and a reduction in dismissal costs.

Validating an employment contract

A valid employment contract must contain a number of features in compliance with the Employment Standards Act, the Labour Relations Act and/or the Occupational Health and Safety Act. An employment contract should address and contain:  

• The offer of employment
• An employee’s acceptance of the offer of employment
• Consideration – a promise of the job and a promise of employment service
• Understanding that the contract is legally binding
• A number of other set terms of the agreement intended to outline the employment agreement

How to protect your business in an employment contract

A properly drafted employment contract will benefit both the employer and employee by protecting their interests and reducing risks. There are a number of clauses that should not be overlooked by employers, these clauses will further the legal protection of your business and its assets.

Policies/clauses that should not be overlooked:

• Privacy Policies
• Termination clauses
• Non-solicitation clauses
• Non-compete clauses
• Post-employment restrictions

Language

Language is equally important in your employment contracts. If your contract is written with language that is unclear or ambiguous this may cause issues if your contract dispute reached the Ontario court system.

To ensure that your hiring documents and employment agreements sufficiently protect your business, hire a St. Catharines employment lawyer to review your HR policies and contracts. Chown Cairns team of Niagara labour and employment lawyers have decades of experience protecting the best interests of employers and businesses.