People who are the right fit are good for growth

As business owners, we all face staffing challenges when growing our business and how to go about sourcing, interviewing and hiring staff. There are laws which govern how you go about this.

But how do we go about finding the right staff in a practical manner? For fledgling companies that cannot afford expensive search firms, an advertisement in the local newspaper is often the place to start. You have to be careful that you are not misleading when placing this ad otherwise you may end up with a slew of candidates who may be under- or over-qualified for the position. Be honest and precise in your posting and this will take you a long way towards finding the right candidate.

Here are the basic rules of interviewing prospects:


1. Focus on qualifications and experience.

2. Check references closely.

3. Define the position with a job description that has measurable goals.

4. Hire with a probation period — usually three months but six months is better from an employer’s perspective.

5. Don’t ask questions around personal matters such as family life, personal preferences (sexual or otherwise) or age.

Some employers do not want to go to the trouble and expense of hiring a full-time employee but instead just want to hire a contract staff person. You have to be extremely careful here because Canada Revenue Agency, Workers Safety Insurance Board and various other organizations have specific definitions around who is an employee versus an independent contractor. Generally, if a person is under your direction and control and works for your business on a regular basis, they are an employee no matter how you define your relationship and remittances are due to these various agencies for these employees.

For more information, contact employment lawyer and Metro columnist Daniel Lublin or any other specialized practitioner.

Jeffrey D. Cowan, B.A., B.Comm, LL.B., M.B.A., is the Principal of Cowan & Taylor, Barristers & Solicitors which practises in the areas of business and real estate law. Cowan appears in Your Money every other week. E-mail jeff@cowanandtaylor.comor call 416-363-5046 with questions for future columns. The information contained in this article should not be relied upon as legal advice.

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