Employment lawyer on hiring new inexperienced staff

Interview Summary

As the labour market and workplaces have changed constantly over the past few years, employees seem to be in a much better position than many employers. In some cases, employers are now open to hiring staff without any prior experience. What are the advantages and disadvantages of this approach? What should employees beginning a new position know about their rights?

Mackenzie Irwin, an employment lawyer and associate at Samfiru Tumarkin LLP joins Daniel McIntyre and Chelsea Bird on 630 CHED to answer these questions and more.

Interview Notes

• Hiring an inexperienced employee: Generally, employment agreements that are in place will be able to determine the rights of employers and employees going forward. Employers will have to make sure that the employment contracts include provisions that are enforceable and contain terms regarding probation and termination pay.
• Employees leaving positions soon after beginning employment: Employers will want to include terms regarding an employee’s resignation and the amount of notice employees must give to their employers before leaving. A wrongful resignation claim can be filed if terms were previously agreed upon by an employee.
• Severance pay for inexperienced employees: Probationary period clauses must be included in an employment contract for employers to be able to withhold severance if an employee is let go in the first few months of employment. Employees alternatively are able to negotiate more favourable clauses at the start of their employment.