Looking for employment law help for employers in BC? You came to the right place! At Ascent,
We have decades of collective experience helping and providing legal advice to employers on how to deal with all types of workplace legal issues.
With an ever-changing legal environment, we compiled a list of some important things you really need to consider so you don’t end up in the employer hot seat. While this list is certainly not all you need to consider, these focal points will certainly help!
1. You Must Have a Bullying and Harassment Policy
It’s not just our friendly advice; having a bullying and harassment policy is a legal requirement in British Columbia. However, it’s not just good for employees; it’s also good for business. Can you imagine having an employee who dreads coming in to work every day because of a toxic workplace filled with bullying and unacceptable treatment? It’s a terrible situation for the employee and for your business.
It’s up to you, as a business owner, to have clear rules, specific steps for reporting incidents, detail the investigation process, and define potential outcomes. Employee wellness is #1, so under no circumstances should you be avoiding this crucial step in your business.
2. Review Policy and Train Staff
Policies can’t just gather dust—they need to be living documents. Regularly reviewing and updating them is crucial. Say you’ve updated your remote work policy. If your employees aren’t trained on it, they might misuse company data, risking security breaches. Annual training sessions help keep everyone on the same page. Use real-life scenarios to make the training stick. When your team is well-versed in the latest policies, your workplace runs smoothly and safely. Consider our unique and unparalleled training for your staff!
3. Clear Employment Contracts
Imagine starting a new job and not knowing what’s expected of you. It’s frustrating. And it’s what your employees feel when you haven’t taken the time to create clear and concise contracts.
Employment contracts should outline tasks and responsibilities and conduct rules while also addressing current social and regulatory environments. Clear contracts set your business up for success and protect you from lawsuits and constructive dismissal cases.
In BC, constructive dismissal occurs when an employer unilaterally changes a significant term of the employment contract without the employee’s agreement. Clear contracts that outline job roles, responsibilities, and conditions can prevent costly legal battles over constructive dismissal claims.
4. Include a Clause on Changes to Employment Terms
Businesses evolve, and sometimes you need to change things up. Make sure your contracts include a clause about changes to employment terms. Let’s say your market demands shift, and you need to adjust working hours. If an employee’s contract mentions this possibility, they’re prepared. It’s about being upfront and avoiding surprises.
5. Include a Policy on Data Privacy and Employee Monitoring
Data privacy is huge nowadays. Your employees need to know that their personal information is safe. With the digitization of businesses, there are different types of software being used, from CRMs to employee monitoring software. You need to consider how employee data is being used.
Be open and create clear agreements that cover these privacy concerns. The last thing you need is to find out that past or current employees knew nothing of this. You can be on the hook!
6. Encourage Diversity and Inclusion
Diversity and inclusion aren’t just buzzwords—they’re game-changers. Imagine your team meetings filled with a variety of perspectives, sparking innovation. Create policies that promote hiring and retaining people from all backgrounds. This isn’t just about compliance; it’s about making everyone feel valued. Plus, a diverse team can better serve a diverse customer base. Win-win!
7. Develop a Clear Conflict Resolution Process
Every internal dispute doesn’t have to end up in court. This is why conflict resolution is so crucial. You should have a procedure for identifying potential internal conflicts. Then, a way to investigate and resolve issues internally.
Not only can this save you time, money, and stress, but it’s also a means of creating a more understanding and cooperative workplace. With a conflict resolution process, employees can truly understand others around them and work to build a friendlier work environment.
8. Support Employee Well-Being
On its face, this isn’t legal advice, but it can really save a business! A happy employee is a productive and long-term member of your team. Show your team that you care about their well-being. Offer wellness programs, mental health support, and flexible work hours.
Imagine Lisa, a new mom, struggling with a rigid schedule. Flexible hours can make a world of difference. This not only boosts morale but also reduces absenteeism and turnover.
9. Tighten Up Your Independent Contractor Agreements
Independent contractors can be a huge asset, but make sure your agreements are airtight. Cover all bases: confidentiality, intellectual property rights, and more. For example, if you hire Tom as a contractor, your agreement should state that any IP created belongs to your company. This prevents disputes down the line and protects your business.
Confidentiality and Non-Disclosure
Make sure your agreements include confidentiality clauses to protect your sensitive information. Specify how long the confidentiality obligation lasts—even after the contract ends.
Intellectual Property Rights
Clearly define who owns the intellectual property created during the contract. Typically, all IP developed by the contractor should belong to your business. This clarity prevents disputes and secures your business assets.
10. Off-duty Conduct Policy
Understanding what constitutes disciplined off-duty conduct is crucial. Can employers discipline employees for actions taken outside of work hours? With the rise of social media, this question is more pertinent than ever.
Employees might comment on workplace events or political issues that reflect poorly on their employer. Employers often include clauses in contracts specifying that off-duty behavior impacting the company’s reputation is grounds for discipline. This also applies to work events like holiday parties, which, although outside typical office hours, still relate to the workplace.
Historically, off-duty conduct was generally off-limits for discipline, but now, if there’s a clear link between the employee’s actions and the employer’s reputation, it can be a different story. We can help you navigate these complex waters—reach out to us for guidance!
Conclusion
There you have it! Some employment law help for employers in BC, and across Canada for that matter. If you need employment law help, please reach out. We want to help!
