The story about the Ontario man fired from  a retail store due to insensitive online posts about the death of Amanda Todd, is not the first time we've seen a story like this. 

More and more we are seeing companies run into trouble when it comes to their employees using social media. Now, more than ever, companies need to be including a social media policy in their employee manual. With the future of employees being a generation that grew up online, specific rules and guidelines must be set out so companies can avoid stories like the one above.

​Where do I begin?

Social Media Today posted a list of 100 companies and their social media policies that they have implemented. This is a place to start and get ideas on what needs to go into your policy.  

Something to think about

"A big issue is the tradeoff that employers expect employees to make. If they want their employees to be available 24/7 and are giving them BlackBerry's and PC's to contact them outside of business hours, it is inevitable that people are going to use those devices on their personal time as well as business time. That's an inevitable consequence of asking people to be on call beyond eight hours a day" -Frank Addairo, Mitchell LLP

What should employers do?
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• Identify what is considered inappropriate use of devices

• Have clear, written policies that your employees sign off on

• Update your policies to reflect many recent changes in technology

• Make sure employment contracts and policy manuals reference ability to monitor e-mail and Internet use

• Have policies and procedures to conduct random audits of company equipment and investigate allegations of misconduct

Basic rule of thumb:
An employer has no authority over what employees do once they're off the clock unless the employer can show its legitimate business interests are affected.

October 7-13 is Fire Prevention Week. Although this week is geared toward fire safety at home, it's still a good time to think about fire safety in the workplace.

Did you know that every 85 seconds a fire breaks out somewhere in Canada?  Being prepared is not only a matter of life and death - it's a legal obligation. Although it might not be on the top of your to-do list, OHS laws require you as an employer to take steps to protect workers in the event of a workplace fire. There are three basic sets of obligations for employers:

1. Creating and implementing a fire preparedness and response plan for your workplace
2. Providing fire response training to your workers
3. Supplying the appropriate firefighting equipment at your workplace: Fire and smoke alarms, fire extinguishers and sprinkler systems

Although some workplaces are more vulnerable than others, fire hazards exist in every workplace. It is important that you are using due diligence in order to be preventive and keep your workplace safe. What is Due Diligence? When applied to occupational health and safety, due diligence means that you as the employer must take all reasonable precautions to prevent injuries or accidents in the workplace.

When exercising  due diligence, you must implement a plan to identify possible workplace hazards(example - fires) and carry out the appropriate corrective action (example - fire safety procedure) to prevent accidents or injuries arising from these hazards.

Establishing a Due Diligence Program in Your WorkplaceThere are specific criteria for you to follow when establishing your program:

• You must have written OHS policies, practices, and procedures in place
• You must provide the appropriate training and education to employees so that they understand and carry out their work according to the established polices, practices, and procedures
• You must train the supervisors to ensure they are competent persons, as defined in legislation

When it comes to health & safety in the workplace, the topic can be overwhelming. Clear Path offers two upcoming learning sessions: Intro to Health and Safety and Due Diligence. 

The sessions cover:

• Identifying supervisory duties in the workplace
• Understanding useful strategies for the supervisor's role
• What the potential outcome is when you have not established due diligence defence and how do you protect yourself and your organization from legal proceeding
• What the definition of a"competent supervisor" is and why it matters
• What Bill C45 means for your business

Upcoming sessions:

• Intro to Health and Safety - Tuesday, October 30th 2012 at the Cambridge Chamber of Commerce from 9:00 a.m. - 12:00 p.m.
• Due Diligence - Tuesday, October 30th 2012 at the Cambridge Chamber of Commerce from 1-3 p.m.
• Register today and save $25.00.

This October marks the 12th year of Canada's Healthy Workplace Month – A celebration to introduce workplace health to organizations and support those already promoting it. From now until Halloween, workplaces across Canada will be taking part in initiatives and activities to encourage a safe and healthy workplace. So far 1,861 people from 317 organizations, coast to coast, are participating in this initiative.

The goal of Canada’s Healthy Workplace Month is to increase awareness of workplace health in Canada by focussing on three elements of a healthy workplace:

• Health and lifestyle practices
• Workplace culture and a supportive environment
• Physical environment and occupational health and safety

Each week of October has a specific theme with suggested activities, all surrounding workplace health and safety:

• Week one (Oct 1-7) – Taking Action on Our Mental Health
• Week two (Oct 8-14) – Improving Our Workplace Culture 
• Week three (Oct 15-21) – Making Our Workplace Resilient 
• Week four (Oct 22-28) – Keeping our Workplace Safe

​Week Two – Improving Workplace Culture
It’s not news that workplaces embracing positive cultures have happier and more productive employees. So here are some simple ways for you to create a positive work environment for your employees:

• Incorporate a “Pay a Compliment to a Colleague Week" - Encourage your employees to recognize each other on jobs well done
• Have a "Decorate Your Workstation Day" - This can surround certain events such as Halloween or the winter holidays
• Celebrate your employees who are giving back in the community - Write about them in the monthly newsletter or on your company website
• Have a "Recipe Swap Day" - Encourage your employees to bring in their favourite recipes to swap with their other colleagues in the office
• Workplace Walk - While the weather is still nice, start a walking club at lunch for employees and use resources like this to make it fun! 

Safe and healthy workplaces don’t happen by accident. Staying informed and keeping up to date with current Health and Safety legislation both play a part in creating a culture of safety in your office.

Check out our Intro to Health and Safety  workshop to learn more about keeping your workplace a safe and healthy place!

Hiring Well Doesn’t Happen By Accident Stories like that of Scott Thompson, former CEO of Yahoo who was let go after he falsified his academic credentials, are a reminder of the challenges business owners face when hiring new employees.

Here are some tips to keep in mind when hiring a new team member:

• Mention right in the job ad if hiring depends on the completion of a police check, valid driver's license, background check or pre-employment medical check.
• Include fellow employees in the hiring process by reviewing resumes together, holding group interviews with candidates and gathering meaningful feedback from your current employees.
• ALWAYS do at least two reference checks: Ask specific and consistent questions to better understand the work history of the candidate.
• When completing a reference check make sure you listen to what they don't say -many former employers may be hesitant to speak negatively about a former employee (for fear of legal action).
• Once you've hired the employee, put the offer and employment contract in writing.

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So, you've hired the potential employee of your dreams, however that person is just not working out and you think it is time to part ways. What do you do next?

Before you pull a Donald Trump, remember that following a few steps during an employee termination can save you an awful lot of future headaches (and potentially money as well).

A company can terminate anyone they wish. However, if it is a "not for cause" termination, you will be required to pay termination notice and potentially severance (if employed for longer than five years).

If you want to terminate "for cause", make sure you have grounds and documentation that will support terminating that employee. Some examples of grounds for a "for cause" termination are:

• Incompetence or insubordination
• Health and Safety violations
• Conflict of interest
• Dishonesty
• Theft/fraud
• Absenteeism/lateness/unauthorized absence
• Harassment or violence
• Intoxication/impairment

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Although all these are valid reasons for termination, there are many factors that come into play when firing an employee that may increase the dollar amount of your termination package exponentially:

• Length of service
• Age of the employee
• Their employability
• How and when you terminate
  
  

Tip: Ensure that you are removing the "emotion" from the termination decision. Although you may feel that it is a "for cause" situation, unless you have sufficient documentation you may be better off to terminate them "not for cause." This can be a frustrating experience for an angry employer, but often it is the best course of action from a business point of view in order to avoid lawsuits and Human Rights claims.

Important:When deciding on termination for cause, it always makes sense to seek professional advice to ensure that you are not making matters worse by stepping into a wrongful dismissal suit.

Want to learn more?Need to know the best practices for hiring employees effectively, changing terms of employment or understanding "for cause" vs. "not for cause" terminations?

• Join us for our upcoming Learning Session on Hiring and Firing Employees Effectively
• Tuesday, October 16th 2012 - Kitchener Holiday Inn - 30 Fairway Road South, Kitchener ON 9:00 a.m. to 12:00 p.m.
• Click here to register.