As a notary practice grows, so do the responsibilities that come with being an employer. Hiring employees, managing performance, protecting confidential information, and retaining talented staff are all part of building a successful practice. Taking a proactive approach to these responsibilities can help notaries reduce legal risk while creating a stronger, more resilient business.
Below are several key employment law considerations every notary practice in British Columbia should keep in mind.
Build a strong foundation with employment agreements and workplace policies
The employment relationship begins long before an employee’s first day of work. Establishing clear expectations at the outset can help prevent misunderstandings and provide a stronger foundation if workplace issues arise later.
A well-drafted employment agreement should be tailored to your practice and may address matters such as compensation, job duties, hours of work, confidentiality, and limits on severance upon termination of employment. Employment agreements should also be reviewed periodically to ensure they remain enforceable and reflect current legal developments.
In addition to agreements, notary practices should consider implementing written policies that address topics including technology use, respectful workplace expectations, vacation, and sick leave. These policies help employees understand what is expected of them while providing consistency when workplace issues arise.
It is also important to recognize that not every clause in a contract will be enforceable. For instance, employers may assume that a non-competition clause will prevent a former employee from competing with their business. In B.C., however, non-competition clauses are generally difficult to enforce and will only be upheld in limited circumstances. Carefully drafted confidentiality and non-solicitation clauses are often more effective ways to protect a practice’s legitimate business interests.
Taking the time to establish the right legal framework at the beginning of the employment relationship can help protect your practice long before a problem arises.
Address performance issues early and fairly
One of the most common mistakes employers can make is waiting too long to address performance concerns. Whether the issue involves attendance, productivity, or communication, addressing concerns early is more effective than hoping they resolve on their own. Clear communication and consistent documentation can also place employers in a stronger position if further action becomes necessary.
Employers should:
- communicate expectations clearly;
- identify specific performance concerns;
- document meetings and follow-up discussions;
- provide employees with a reasonable opportunity to improve; and
- apply workplace standards consistently.
Performance or attendance concerns may sometimes have an underlying medical or human rights component. Before taking disciplinary action, employers should consider whether they have a duty to inquire about the need for accommodation. For more information, check out our resources on the duty to accommodate and human rights in the workplace.
Protect your practice’s relationships and resources
For many notary practices, some of their most valuable assets are not physical property. Client relationships, precedents, templates, checklists, and internal processes often represent years of investment and experience. While no agreement can eliminate every risk, employers can take meaningful steps to better protect these valuable resources.
Depending on the circumstances, employers may wish to implement:
- confidentiality terms in employment agreements;
- intellectual property clauses that clearly establish ownership of work created during employment;
- appropriately drafted non-solicitation provisions;
- policies governing confidential information and electronic files;
- access controls for sensitive client and business information; and
- structured offboarding procedures to ensure firm property and confidential information are returned when employment ends.
Protecting confidential information should not end when an employee resigns – it should be an ongoing part of how a practice manages sensitive information throughout the employment relationship.
Build a workplace people want to stay in
Reducing legal risk is not only about responding appropriately when problems arise. It is also about creating a positive workplace where employees are more likely to remain engaged and committed.
While competitive compensation is important, employees increasingly value workplaces that provide:
- opportunities for professional development;
- transparency around expectations and responsibilities.
Investing in effective management and a positive workplace culture can improve employee engagement, reduce turnover, and recruitment costs, and support the long-term success of your practice. For more tips on building a positive culture, check out our article here.
Key takeaways
Employment law issues rarely appear overnight. More often, they develop gradually when expectations are unclear, documentation is inconsistent, or important safeguards are missing.
By investing in strong employment agreements, addressing workplace issues early, protecting confidential information, and fostering a positive workplace culture, notary practices can reduce legal risk while strengthening their businesses for the future.
If you have specific questions about your notary practice, contact Richard B. Johnson or any of the lawyers at Ascent Employment Law – we’re here to help!
