Effective Onboarding Strategies for Municipal Employers: Employment Agreements, Due Diligence & Training

Municipal employers face unique challenges when onboarding new employees. From ensuring compliance with employment laws to mitigating risks through due diligence, a well-structured onboarding process is essential. A strong foundation not only protects the municipality from legal disputes but also enhances employee engagement and retention. Below, we explore key considerations for effective onboarding, including employment agreements, background checks, and training.

1. The Importance of a Comprehensive Employment Agreement

An employment agreement is one of the most critical documents in the onboarding process. Municipalities must ensure these agreements are carefully drafted to reflect job expectations, rights, and obligations while limiting liability. Municipalities must ensure that they provide the Employment Agreement to a prospective hire at the time of making the offer of employment, otherwise the Employment Agreement and critical clauses may not be enforceable.

Key Elements to Include in an Employment Agreement:

• Job Title & Responsibilities: Clearly outline the employee’s role, duties, and reporting structure to avoid future disputes.
• Compensation & Benefits: Specify salary, allowances, pension plans, and any additional municipal benefits.
• Termination Clauses: Properly drafted termination clauses can prevent costly wrongful dismissal claims. Without an enforceable clause, employees may be entitled to common law notice, which can be significantly longer than statutory minimums. Most termination clauses fail in this area.
• Probationary Period: Clearly define the length and expectations of the probationary period to allow for flexibility in assessing the employee’s suitability. Termination provisions are best left to the termination clause as have two similar clauses can result in error.
• Confidentiality & Conflict of Interest: Municipal employees often have access to sensitive government data. Restrictive covenants such as confidentiality, non-disclosure, and conflict of interest clauses are crucial.
• Social Media Conduct: In an age of employees venting about political and social issues on social media, which may damage your municipality, clearly define your expectations and whether you intend to discipline or terminate, with out without cause.

Failing to draft clear and enforceable agreements can lead to litigation, financial liability, and unnecessary risks for the municipality.

2. Conducting Due Diligence & Background Checks

Municipalities operate in a highly scrutinized environment. Ensuring that new hires are qualified, reliable, and free from conflicts of interest is essential. A comprehensive pre-employment due diligence process helps mitigate risks before they arise.

Types of Background Checks:

• Criminal Record Checks: Depending on the role, a criminal background check may be necessary, particularly for employees handling sensitive information, financial transactions, or working with vulnerable populations.
• Reference Checks: Speaking with former employers provides insight into the candidate’s work ethic, reliability, and past performance.
• Credential Verification: Ensuring that degrees, certifications, and licenses are legitimate is especially important in regulated municipal roles.
• Social Media & Online Presence: While social media screening must be approached cautiously to avoid human rights violations, reviewing publicly available information can help assess potential reputational risks.

Best Practices for Background Checks:

• Obtain written consent from candidates before conducting any background checks.
• Ensure that screening policies align with Ontario’s Human Rights Code to avoid discrimination claims.
• Be consistent—apply the same due diligence standards across all candidates to ensure fairness and equity.

3. Employee Training & Development: Setting the Right Tone

Once an employee is hired, proper training is critical to their success. Municipal employers must ensure that employees understand their role, workplace policies, and key legislative obligations.

Key Training Areas for Municipal Employees:

1. Workplace Health & Safety: Compliance with Ontario’s Occupational Health & Safety Act (OHSA) is mandatory. Training on hazard awareness, workplace violence, and emergency procedures should be provided.

2. Municipal Code of Conduct: Employees should be well-versed in conflict of interest policies, ethical standards, and professional conduct expectations.

3. Equity, Diversity & Inclusion (EDI): With the growing emphasis on inclusivity in public service, EDI training can help prevent workplace discrimination and foster a positive culture.

4. Privacy & Data Protection: Many municipal employees handle sensitive public information. Training on Ontario’s Freedom of Information and Protection of Privacy Act (FIPPA) is essential.

5. Cybersecurity Awareness: With the increasing risks of cyber threats, employees should be trained on phishing scams, password security, and municipal IT policies.

The Key to a Strong Municipal Workforce

Effective onboarding is more than just paperwork—it sets the foundation for a productive, legally compliant, and engaged workforce. By implementing well-structured employment agreements, conducting thorough background checks, and prioritizing employee training, municipalities can mitigate risks while fostering a professional and accountable workplace.

Written by: Ronald S. Minken and Tanya Sambi