In our last column, we discussed how to do the third interview with a potential candidate for your assistant position. If that goes well and you think you are ready to hire someone, there are a few more things to do before making a job offer.

First, I highly recommend a background check of some sort. I find the easiest way to do this is a quick search of the court registry, Google, Linkedin and other social media sites. Caveat — each jurisdiction in Canada (and the federal government) has its own privacy regulations that govern what you can and can not search for when considering a candidate.  

Let me share a story to serve as a warning about why you need to do some additional research beyond interviews and reference checks. 

The importance of background checks

About 10 years ago, I hired an employee who had all the qualifications that I was looking for. They had a background in accounting and database management, only wanted to work four hours a day and told me they “loved organizing files.” I thought I was set!  

A few weeks into the job, I realized there was friction. This person was clearly not the right culture fit. They were good at the tasks they were assigned but were generally difficult to get along with. At one point, they told another employee that they would never use my services to buy or sell their own home or refer us to their friends. That was the final straw —I let them go only 45 days after I had hired them.  

And then, they sued me.

When I was responding to the lawsuit for “wrongful dismissal and breach of contract,” I was looking up old court cases, and I discovered that this person had sued at least three people before me for the exact same thing. This was their modus operandi. They took jobs, sued employers for wrongful dismissal and breach of contract and lived off the unearned income. And they knew the system better than me, so I paid them to go away.

This court case taught me two very important things:

1. Always check the court registry before making a job offer.

2. Always hire a lawyer to write an employment contract — whether it’s for an employee OR an independent contractor.

Draft an employment contract before you start interviews 

Even before you start interviews, you can have an employment lawyer draft an employment contract for you. Just because you say someone is a contractor, it doesn’t mean you don’t have legal responsibilities to them. Even if someone is an independent contractor but appears to be an employee because you tell them where to go, what to do and control their hours, you likely have all the obligations of an employer. 

A well-written contract and a clear understanding of your obligations upfront can save you a lot of hassle on the back end.    

Assuming you have a properly drafted contract ready to go, you can set out a terms sheet outlining wages, holidays and general expectations and make a job offer. If your star candidate accepts, you can start the process of integrating them into your business, team and culture.