Every month, Kate Teves, HR consultant, recruiter and founder of The HR Pro, answers Realtors’ questions about anything and everything related to human resources. Have a question for Kate? Send her an email.

Question: How can I structure bonus clauses in employment contracts to avoid future conflict?

Kate: One of the many things real estate and HR have in common is that they both rely on clarity.

Whether it’s a purchase agreement or a floor plan, details are crucial. Yet when it comes to employment contracts drafted by brokerages, teams or even single agents hiring an admin assistant, bonus structures are too often written with the legal equivalent of invisible ink. 

We have even heard that they have been specifically advised by consultants not to put any tangible definitions around bonuses into contracts. While the vagueness (“It’s just a discretionary bonus, we’ll figure it out later”) may seem harmless, figuring it out later carries the risk of a lawsuit down the road.

What about the courts? They won’t provide much sympathy to brokerages or agents. In Ontario and across Canada, judges treat brokerages the same way they treat banks, tech firms, or investment companies. A vague bonus clause can easily lead to a six-figure liability.

As Sheldon Cooper from The Big Bang Theory taught us while reinforcing the dreaded roommate agreement: “Ambiguity in a contract benefits the party that did not draft it.”

A few examples 

Take Chapman v. GPM Investment Management. The executive’s contract tied his bonus to “10 per cent of pretax profit.” Simple? Not at all. 

When the company sold a piece of real estate, it tried to exclude the capital gain from “profit.” The court disagreed, ruling that without crystal-clear exclusions, “profit” meant all profit, including a big land sale. 

Costly lesson: In real estate, where profits often swing on a single deal, fuzzy bonus definitions can make or break a balance sheet.

Or look at Matthews v. Ocean Nutrition and Paquette v. TeraGo Networks, two leading cases on bonuses during termination. Both decisions hammered home the point that, unless a contract clearly says otherwise, employees can claim bonuses they “would have earned” during their reasonable notice period. 

Imagine a brokerage manager terminated in November, only to claim a year’s worth of bonus payouts tied to the next spring’s sales surge. If your clause just says “must be actively employed,” that may not be enough.

Then there’s Boyer v. Callidus, where unclear policies on bonuses and stock options left a company paying nearly $1.8 million. Swap “stock options” for “profit-sharing pools” or “branch manager bonuses” and you can see the parallel: courts will force payouts if the language doesn’t explicitly cut them off.

Spell out bonus clauses like a business contract

Brokerages are unique workplaces. Besides agents, who work on commission splits, brokerages often pay staff, office managers, marketing coordinators, deal secretaries and even senior administrators a salary plus bonuses tied to retention, profitability, recruitment targets or profit sharing. These bonuses can be, and usually are, as informal as “If we hit X deals this quarter, you’ll get $Y.”

But what happens if that employee resigns mid-quarter? Or is it terminated before payouts? Without precise contract wording, Ontario courts will likely side with the employee, awarding the bonus (and possibly tacking on additional damages).

It’s easy to picture – a brokerage promises its office manager a “growth bonus” for every new agent recruited, but doesn’t define whether the bonus is payable immediately or only after the agent survives a retention period. Cue dispute.

Another common scenario: A branch administrator is told they’ll receive a “profit-share” at year-end, but the brokerage never clarifies whether “profit” means before or after head office expenses. Enter the Chapman precedent, and a costly recalculation.

The solution isn’t complicated; it just requires care. Bonus clauses in brokerage contracts should be drafted with the same precision as an Agreement of Purchase and Sale. Spell out:

• What exactly triggers the bonus (specific KPIs, profit definitions, timelines).
• Whether the employee must be employed on the payout date.
• How disputes will be resolved.
• Concrete examples of calculations (e.g., “If office profit is $500,000, bonus pool is $50,000, divided as follows…”).

Yes, it feels tedious. But so does staging a vacant property, and we all know buyers are more likely to pay top dollar for a home that looks complete. Courts are the same: they reward employers who “stage” their contracts properly.

Write it clearly. Put it in the contract. And save the surprises for your client gift baskets, not your bottom line.

Kate Teves

Kate Teves is the founder and COO of the HR Pro, a recruiter and a Human Resources Professional who focuses on the real estate industry by finding incredible people to support solopreneurs, teams and brokerages.  She also helps leaders and managers build HR processes and design a culture and mindset that facilitate business growth and employee development.

The post Ask Kate: How do you keep bonus promises clear and conflict-free? appeared first on REM.

Every month, Kate Teves, HR consultant, recruiter and founder of The HR Pro, answers Realtors’ questions about anything and everything related to human resources. Have a question for Kate? Send her an email.

I will start this post with a funny story because we all need a bit of humour in our day. 

Years ago, when I started my HR consulting business, my clients were few and my expenses were painful. 

So, to save myself some cash, I decided that I could manage my own bookkeeping and remittances to the Canada Revenue Agency. Cue a long list of emails from Service Canada about outstanding balances and immediate payment requests for thousands of dollars.  As if starting a business wasn’t stressful enough, there was now another layer to the complexity of being a solopreneur. 

After three days of phone calls, online searches, questioning whether or not I was cut out for this, and a few mental breakdowns, I found an accounting company geared towards small businesses and never looked back. It is one of the best investments I have made in my business.

The old saying of “time is money” is as true today as it has been for centuries. Every hour you spend on a task that isn’t directly tied to closing deals, mentoring an agent or nurturing client relationships is an hour taken away from your core business. Yet, many real estate professionals, brokers, team leads, and independent agents alike fall into the trap of DIY-ing everything: hiring their own staff, managing their own books, even piecing together their own marketing campaigns.

On the surface, this seems practical, especially when the market slows and cutting costs feels like the only way forward. But the reality is that trying to “do it all” is not only inefficient, it can also cost you more in the long run.

Truth Bomb: Most real estate professionals didn’t get into the business to become payroll managers, social media strategists, or accountants. But when those roles are done haphazardly, the impact shows. A poorly written job posting can bring in the wrong talent. Inconsistent marketing means your brand gets lost in the noise. Errors in bookkeeping can create serious compliance headaches.

The result? Stress, wasted time, and missed opportunities – all of which often result in hiring a professional to clean up the mess anyway.

The good news

Avoiding the DIY route doesn’t mean you have to hire a full-time team and balloon your payroll. Especially in today’s economic climate, adding permanent staff isn’t always the smartest move. What you can do instead is outsource selectively, tapping into professionals who live and breathe their craft and can get a task done in a third of the time.

The outsourcing advantage

When you outsource to specialists, you’re not just offloading tasks; you’re gaining access to expertise, industry insights, and proven best practices. Consider these examples:

• Recruitment & HR – A specialized HR consultant knows how to write job descriptions that attract the right candidates, streamline onboarding, and set up systems that keep your business compliant.
• Marketing – A real estate-savvy marketing professional can craft campaigns that resonate with buyers and sellers, while teaching you tricks to maintain consistency long-term.
• Bookkeeping and accounting – A real estate-focused bookkeeper ensures your records are clean, your deductions are maximized, and your financials are investor- or lender-ready.
• Deals support – for brokerage deals processing is as crucial as oxygen is to life, a remote deals administrating service will keep your transactions FINTRAC compliant, ensure your agents are paid on time and that you aren’t paying for a full-time position when the deal flow decreases.

Last but absolutely not least – beyond the immediate benefits, outsourcing is also a learning opportunity. Partnering with experts allows you to pick up skills and strategies you can apply in your own practice, without having to stumble through costly trial and error.

Focus where it counts

Real estate success comes down to relationships and results. Your clients don’t care if you balanced your own books or designed your own marketing flyer. They care about the service you deliver, the trust you build, and the deals you close.

The best real estate professionals know when to call in experts. Don’t view outsourcing as an expense; view it as an investment in efficiency, professionalism, and peace of mind. Stop DIY-ing the parts of your business that don’t need your personal touch. Instead, surround yourself with specialists who will help you thrive—while you focus on what you do best: real estate.

Kate Teves

Kate Teves is the founder and COO of the HR Pro, a recruiter and a Human Resources Professional who focuses on the real estate industry by finding incredible people to support solopreneurs, teams and brokerages.  She also helps leaders and managers build HR processes and design a culture and mindset that facilitate business growth and employee development.

The post Ask Kate: Is being a jack of all trades helping my business – or hurting it? appeared first on REM.

Every month, Kate Teves, HR consultant, recruiter and founder of The HR Pro, answers Realtors’ questions about anything and everything related to human resources. Have a question for Kate? Send her an email.

As an HR consultant, I often get called in when two employees, two managers, or a combination of people are caught in a loop of rolling eyes, passive-aggressive emails, under-the-breath remarks and tense meeting-room silences you could cut with a dull knife.

Sometimes the conflict is subtle, little jabs taking place by leaving the other person off important emails or having business meetings when they aren’t around. Sometimes it’s loud enough that the entire office is aware, and other staff take sides, adding even further conflict to the mix. And sometimes it’s so bad that it taints their perception of how to perform the tasks in a way that is best for the company instead of how to further get under the work nemesis’s skin.

Whatever the form, unresolved conflict costs businesses in productivity, morale, and retention, and can even create legal headaches.

So, let’s talk about how to de-escalate, reset, and (with luck) turn tension into teamwork, with a dash of humour to keep business owners sane.

1: Recognise that “It’s just a personality clash” is not a strategy

Many employers shrug off friction as “they are just different.” But if the conflict is well-known, ongoing, and affecting the workplace, you have a legal obligation to step in; especially if it drifts into harassment, discrimination, or creates a hostile work environment.

NOTE:  Ignoring it isn’t neutral; it’s a liability. In Canada, for example, most provinces’ occupational health and safety laws require employers to investigate workplace harassment complaints, and harassment can include repeated, unwelcome behaviours that stem from conflict.

2: Start with a neutral, fact-finding conversation

• Speak to each person privately
• Ask for facts, not feelings (though feelings will inevitably show up)
• Look for patterns such as timing, triggers, and recurring themes

TIP: Avoid asking “So what’s your problem with this person?” It tends to lead to 45 minutes of venting and very little progress (trust me). Instead, try: “Can you share examples of situations that are challenging for you? Was it the request, the timing or the delivery?”  Try to find a pattern in the behaviour that is causing issues.

3: Create a safe, structured conversation

I’m a big fan of what I call the “Switzerland Session,” a joint meeting with clear ground rules:

• One person speaks at a time, no interrupting
• Focus on behaviours and impacts, not personal attacks
• End with agreed-upon action steps

Sometimes, this is enough to reset the dynamic. Sometimes, it’s just the start. Either way, the goal is to replace assumptions with understanding.

I’ve often used the quote by Kahlil Gibran: “Between what is said and not meant, and what is meant and not said, most of love is lost”, because assumptions will kill more conversations than open disagreements ever will.

4: Build empathy 

The truth is, people often clash because they don’t understand each other’s pressures, priorities, or communication styles. Activities like:

• Role reversal exercises: Have each person explain the other’s role as if they were applying for the job.
• Joint problem-solving: Assign them a non-urgent, low-stakes project they must complete together.

5: Set boundaries and accountability

Agree on specific, measurable behaviours that will help respect each other’s roles and boundaries:

No more than two reply-all emails per day, avoid discussing budget issues in front of the team, take it offline, speak kindly about each other even if you do not agree, etc

If the conflict persists despite interventions, you may need to consider reassignments, role changes, or disciplinary action.

Workplace conflict is inevitable. Unchecked workplace conflict is dangerous for culture, productivity, and legal compliance. But with a structured approach, empathy-building exercises, and a commitment to follow-through, even your most oil-and-water pairs can find a way to get the job done.

Kate Teves

Kate Teves is the founder and COO of the HR Pro, a recruiter and a Human Resources Professional who focuses on the real estate industry by finding incredible people to support solopreneurs, teams and brokerages.  She also helps leaders and managers build HR processes and design a culture and mindset that facilitate business growth and employee development.

The post Ask Kate: My employees don’t get along—now what? appeared first on REM.

Every month, Kate Teves, HR consultant, recruiter and founder of The HR Pro, answers Realtors’ questions about anything and everything related to human resources. Have a question for Kate? Send her an email.

Understandably, businesses want to make sure they’re hiring the right person. After all, cultural fit, personal drive, accountability, and the ability to handle a chaotic day are all hard to gauge from a resume or even an interview. Unfortunately, to be thorough, many employers unknowingly walk into dangerous territory by requesting unpaid or loosely paid “trial shifts” before making a hiring decision.

While this practice might seem harmless and even practical, it can expose your business to significant legal, financial, and reputational risks, not to mention creating a negative impact on new hires, which sets a tone of mistrust and uncertainty.

The uncertainty problem: A big red flag for talent

First impressions matter, and this statement applies to all parties involved. Unless you are the only employer in your area and people looking for work have no other options, you, as an employer, are constantly competing with other businesses (in and outside of real estate) for great hires.  

When employers seem hesitant or indecisive, or request three or four interviews, skills assessment or assignment, and a “working interview” without formalizing the relationship, they can inadvertently send a message that the business is unstable, disorganized, or unsure of its own values; alternatively that the manager/business owner has no clarity of what they want or need which will signal more issues on the horizon.

High-quality candidates are always assessing you as much as you’re evaluating them. A lack of structure and clarity raises red flags about the company’s leadership and culture.

One of the most demotivating aspects for a potential employee is being evaluated in an environment that lacks transparency or clear boundaries. Being invited to work without a clear agreement in place makes the candidate feel disposable, like they’re just being “tested” to fill time or cover a shift, rather than being considered seriously as a future team member. This erodes trust before the formal relationship ever starts (if it starts) and can lead to reputational damage if word gets around (and it will).

Legal ramifications in Canada: It’s not worth the risk

From a legal standpoint, trial shifts, especially unpaid ones, are a liability minefield.  We have discussed the volunteering and internships in the previous issue of REM. In Canada, the minute someone begins performing productive work (i.e., work that provides value to your business), they are considered an employee or an independent contractor under employment standards legislation. This means they are entitled to certain protections, including payment, even if the arrangement was informally or verbally agreed upon.

Let’s be very clear:

There is no such thing as a legal unpaid trial shift for productive work in a for-profit business.

Even if the candidate is paid “under the table” in cash, the business could still be liable for:

• Employment Standards Act (ESA) violations

• WSIB (or equivalent provincial worker compensation board) claims

• Payroll tax issues with CRA

• Civil lawsuits if someone is injured or harassed on your premises

Let’s review some actual examples, and if this sounds even remotely like something that can impact your business, please ensure to contract a professional and formalize your contracts to protect your business.

Case 1: The real estate assistant with a broken arm (Ontario)

A Toronto real estate team brought on a prospective admin assistant for a one-day “trial” to answer phones and file paperwork. No paperwork was signed, no WSIB coverage was activated, and the candidate was not paid. 

While taking a box of marketing materials down the stairs, she slipped and broke her arm. The team was shocked to discover it was on the hook for thousands in medical and legal costs. WSIB determined she was, in fact, a worker under the ESA and entitled to compensation, even though no formal employment had been offered.

Case 2: Cash “trial” leads to CRA audit (British Columbia)

A brokerage in Vancouver hired a receptionist for a three-day paid “trial” and gave her $100 cash each day. A few months later, she filed for EI but was denied as she had no record of employment. She contacted CRA, which triggered an audit that found the brokerage had been regularly paying contractors and trial workers off the books. The result? Over $25,000 in fines and owed back taxes.

Best practices: Protect your business and your reputation

If you want to assess a candidate beyond the interview, there are safe and professional ways to do it:

• Paid working interviews: If you must bring someone in to observe or perform tasks, put a simple fixed-term or daily employment agreement in place, submit the ROE if applicable, and ensure the candidate is covered under your liability and WSIB policies.

• Simulated tasks: Create a simulation or roleplay task that mimics the job environment but doesn’t involve actual work (e.g., responding to a mock client email or using dummy data). This avoids legal grey areas while still offering insight into skill level.

• Probationary periods: Use a proper onboarding and probationary process. It allows for evaluation within a legal framework and protects both parties with clearly written expectations.

Trial shifts that are unpaid or handled informally may feel like a way to minimize risk, but they often do the opposite. They can create legal nightmares, send the wrong message to strong candidates, and reflect poorly on your professionalism.

Set the tone from the beginning: clear contracts, fair pay, and legal compliance. That’s the best way to build a team that respects you and stays with you.

Kate Teves

Kate Teves is the founder and COO of the HR Pro, a recruiter and a Human Resources Professional who focuses on the real estate industry by finding incredible people to support solopreneurs, teams and brokerages.  She also helps leaders and managers build HR processes and design a culture and mindset that facilitate business growth and employee development.

The post Ask Kate: Can I try out a potential hire with an unpaid trial? appeared first on REM.

Every month, Kate Teves, HR consultant, recruiter and founder of The HR Pro, answers Realtors’ questions about anything and everything related to human resources. Have a question for Kate? Send her an email.

Question: Our team was recently approached by someone looking to build their experience. We aren’t hiring, but can they volunteer? They offered to volunteer in the first place.

Kate: Extra help is always welcome—especially during the busy season, marketing blitzes, or when that new CRM system isn’t quite setting itself up. Whether you’re a brokerage, a growing real estate team, or a solo agent juggling everything from listings to lockboxes, bringing on a student, intern, or “volunteer” can sound like a win-win. 

There are uncompensated, time-bound and otherwise non-committed arrangements.  But if you’re not careful, that “helpful extra set of hands” can land you in hot water with the Ministry of Labour.

Let’s explore the dos and don’ts of hiring interns, co-op students, field placement students, and volunteers in real estate and other businesses and why that “free help” might not be so free after all.

A cautionary tale: The curious case of the office volunteer

Once upon a Tuesday, a real estate team brought in a university student named Alex* who “just wanted to learn” and offered to volunteer for the summer. Alex organized marketing materials, booked stagers and photographers for listings, put CMAs together, and even managed the agents’ calendars. One afternoon, while carrying a stack of signs down a narrow staircase, Alex slipped, fell, and broke his ankle.  While Alex was hesitant to take action, his parents were not.

Cue the paperwork parade: the ​​Workplace Safety and Insurance Board got involved. The Ministry of Labour was called. Questions were asked: “Was Alex paid? Was he officially employed? Was this part of a school program?” 

The business had no documentation, no formal agreement, and no insurance coverage for “volunteers.” Suddenly, that free help became a very costly oversight, including potential fines, back pay, and liability.

For-profit businesses can’t use volunteers–here’s why.

Let’s be clear: if you’re running a for-profit real estate business (or any other for-profit business), you cannot engage volunteers in the way non-profits or charities do. In most provinces, including Ontario, volunteers are only legally recognized when working for non-profit or community-based organizations. If someone is doing work that benefits your business, and you’re not paying them, you may be violating employment standards, even if they insist they “don’t need pay.”

If they’re doing real work (filing, cold calling, managing your CRM, assisting at events), they’re likely considered an employee under the Employment Standards Act and must be paid at least minimum wage. The Ministry won’t be swayed by “but they offered”; it’s your responsibility as a business owner to know your obligations and restrictions.

Interns, co-op students, and field placements: The legal path

Now, here’s the right way to get help and provide a valuable learning opportunity: through structured, school-approved placements.

Teaching at Humber College’s Longo’s School of Business for the last two years has given me the immense pleasure of meeting countless talented, dedicated and incredibly intelligent people looking to hone their skills and offer their already substantial expertise to a potential employer for one to two semesters at a time.

If you’re working with a co-op student or field placement intern through a recognized academic institution, the student may legally work unpaid and is not considered an employee under employment law if the placement is:

• part of their formal curriculum,
• supervised and time-bound,
• governed by a written agreement between your business and the school.

But here’s where it gets tricky: educational institutions have their own criteria for approving employers. Not every real estate business qualifies.

Brokerages are often seen as more structured, with HR policies, supervision, and a consistent work environment. Real estate teams may qualify depending on their size and operational setup (e.g., a team with a dedicated office, admin support, and mentorship structure).

Solo agents, on the other hand, may struggle to get approval. Schools want to ensure the student has supervision, a safe environment, and a learning plan. If you’re working out of your car, kitchen, or showing properties solo all day, they may (understandably) say “thanks, but no thanks.”

Best practices (So you don’t end up in a WSIB report)

• Never bring on a volunteer in a for-profit real estate business. Full stop.
• Only accept unpaid interns or students through a formal partnership with a high school, college, or university.
• Get it in writing. Use the school’s placement agreement. Define the role, responsibilities, schedule, and supervision.
• Don’t treat students like employees. They’re there to learn, not to replace your admin.
• Check your insurance. Many schools cover students under their policies, but if they don’t, you must ensure your business is covered, especially if they’ll be attending open houses or driving for signage.
• Offer a positive, structured learning environment. It’s not just about liability—it’s about reputation and future talent.

Cutting corners can cost you more than you saved. Whether you’re running a brokerage with 50 agents, managing a top-producing team, or hustling as a solo agent, the rules around interns and students are protection for everyone involved.

Kate Teves

Kate Teves is the founder and COO of the HR Pro, a recruiter and a Human Resources Professional who focuses on the real estate industry by finding incredible people to support solopreneurs, teams and brokerages.  She also helps leaders and managers build HR processes and design a culture and mindset that facilitate business growth and employee development.

The post Ask Kate: Am I allowed to accept unpaid help? appeared first on REM.

Every month, Kate Teves, HR consultant, recruiter and founder of The HR Pro, answers Realtors’ questions about anything and everything related to human resources. Have a question for Kate? Send her an email.

Question:  What do I do when an ex-employee or agent leaves a negative and untruthful online review?

Kate: In the world of instant posts, influencer marketing and reviews, a company’s reputation can be built or dismantled in a matter of clicks. For real estate brokerages and businesses alike, online reviews from clients, agents and employees shape public perception, influence recruitment efforts for years to come and naturally impact business outcomes. 

While constructive criticism can be a catalyst for positive change, untruthful or exaggerated reviews, particularly on platforms like Google, Indeed, Glassdoor and social media, can create lasting reputational harm without the necessity of proving the validity of these detrimental statements.

The hard reality

If you received an undesirable review, let’s first answer these five questions:

1. Is there any truth (partial truth) in the feedback, even if it was delivered harshly?
   If you were in the review writer’s shoes, would you see the situations similarly?  What could have gone smoother in order to avoid this moving forward?
2. What part of the experience may have led to this response?
   This encourages evaluation of the employee/agent journey to find potential weak points.
3. Have I seen similar feedback before, or is this an isolated incident?
   This helps determine whether it’s a pattern that needs addressing or a one-off situation.
4. How can I respond professionally and constructively to show I value all feedback?
   If the answer to the question above is “no”, I suggest taking more time to assess the next steps and not jumping into response mode.
5. What specific action can I take to prevent this issue in the future?
   Now you move from analysis to action, promoting improvement and resilience and a culture of learning from past setbacks.

The real cost of a negative review

As an HR professional, I’ve seen how a single disgruntled employee or agent can affect morale, recruitment and client trust by posting a scathing and sometimes misleading review online. These reviews may allege toxic workplace culture, unethical practices, or managerial incompetence, claims that may be unsubstantiated, or even entirely false, after all, they are an interpretation of someone’s experience at the workplace, not necessarily the reality.

What to do when reviews escalate

If a negative review appears, the first response should not be panic. After answering the questions below and hopefully gaining further insights, your next steps should be the following:

Respond professionally (always!)

Some platforms allow public responses. Use neutral language and avoid defensiveness. Acknowledge the feedback and, if applicable, invite the individual to contact HR directly to resolve matters offline.

Flag inappropriate content

If the review violates platform guidelines (e.g., defamatory language, personal attacks, or confidential information), flag it for removal. Most sites have a process for reporting reviews that are inappropriate or false.

Document everything

Keep records of the review, any internal investigations or communications related to the reviewer, and actions taken. This becomes essential if legal steps become necessary.

Engage with current team members

Address the review internally. Reaffirm your values, and open the floor for feedback. Negative reviews can create internal unrest—silence can be misinterpreted as guilt.

When to get a lawyer involved

Sometimes, a review crosses the line into defamation. Here’s when you should consider involving a lawyer:

False and harmful claims – If the review contains provably false statements that damage the company’s reputation or imply illegal conduct.

Breach of confidentiality or NDA – If an employee or agent violates contractual obligations by disclosing confidential or proprietary information

Ongoing harassment or smear campaign – If a former employee or agent is posting a series of vexatious reviews or targeting individuals within your company repeatedly.

Legal counsel can help you:

• Draft a cease and desist letter.
• Request formal removal of defamatory content from platforms.
• Initiate legal proceedings in cases of reputational harm.

Prevention is still the best defence

As an HR leader, I’ve learned that fostering a respectful, transparent, and communicative culture can significantly reduce the likelihood of disgruntled departures and hostile reviews. 

Exit interviews, open-door policies and regular check-ins are not just good practice, they’re risk mitigation tools that actually work.  Even in the case of a termination, if done ethically and empathetically, you significantly reduce the risk of a negative comment in the future. 

Remember: your employer brand is not only shaped by what you post, but also by what others say about you.

Kate Teves

Kate Teves is the founder and COO of the HR Pro, a recruiter and a Human Resources Professional who focuses on the real estate industry by finding incredible people to support solopreneurs, teams and brokerages.  She also helps leaders and managers build HR processes and design a culture and mindset that facilitate business growth and employee development.

The post Ask Kate: An ex-employee slammed us online—now what? appeared first on REM.

Every month, Kate Teves, HR consultant, recruiter and founder of The HR Pro, answers Realtors’ questions about anything and everything related to human resources. Have a question for Kate? Send her an email.

Question: How can brokerages and teams navigate recruitment and retention challenges in the current market conditions?  

Kate: As the market continues to shift in many regions across the country, the ripple effects go far beyond transactions and property values. While much of the focus remains on agents navigating tighter margins and longer sales cycles, there’s another, less-discussed challenge emerging behind the scenes: the recruitment and retention of support staff within brokerages and teams.

Administrative coordinators, marketing assistants, client care specialists, office managers and staging professionals are the pillars of many high-performing real estate businesses. But in today’s market, both leaders and candidates are more hesitant than ever to make a move to commitment, while staff already employed in the industry are looking for the emergency exit. 

An all-way hesitation

With new listings up and the sales-to-new-listings ratio dropping, the market has become increasingly competitive, yet slower-paced. Broker-owners and team leads are wary of adding overhead without guaranteed returns and a clear vision of what the markets will likely be doing. The questions circulate:  ”Can we afford to take on someone new? Will this hire bring the ROI we need, and how quickly? Maybe we can function with what we have?”.  In many cases, these concerns lead to delays in recruitment decisions or settling for temporary solutions that ultimately cause more disruption than stability.

On the flip side, job seekers, especially those already employed, are equally hesitant. Candidates are acutely aware of the changing market conditions and often sense when a business is operating in survival mode.  It is particularly clear when the compensation rates are below market averages for similar positions, and yet the job description seems to encompass a few different roles simultaneously.   

To add insult to injury, internal tensions and turnover will often follow.  This hesitation and instability don’t just affect hiring. They also affect retention. When leadership is uncertain, vague, or reactive, existing staff begin to question their own job security in the brokerage and the industry as a whole. Key staff departing the business can further destabilize the team and put even more pressure on already overextended operations and support roles.

Now that we have outlined the issues, let’s discuss the solutions, and we will begin the conversation with the existing staff and retention.

Embracing transparency and team involvement

The solution isn’t just more planning—it’s more honesty.

Now more than ever, leaders need to acknowledge that challenges exist. Pretending that everything is fine or trying to “power through” in silence erodes trust. Instead, inviting your team into the conversation creates a culture of ownership and resilience.

Ask your staff these questions during your next office huddle:

• What has always worked well for our agents?  What can we be doing better?  
• What services have we not offered yet? Where are the gaps?
• What ideas do they have for improving systems, communication, or client service?

You’d be surprised how invested people become when they feel seen, heard, and trusted to help shape solutions. Transparency doesn’t weaken leadership—it strengthens it.

All-around vision and resilience win the long game

Now more than ever, candidates are evaluating leadership before making a career decision, and current employees are doing the same. The businesses that will come out ahead in 2025 won’t be the ones that avoid hiring or hunker down indefinitely. 

They’ll be the ones that:

• Clearly articulate a vision that inspires confidence, even when the market is shaky.   When your team knows that you and the business are here to stay and fight the challenges, they will be hesitant to move to another business that might not display the same dedication. 
• Face challenges head-on and communicate openly with their teams; instead of waiting to see what happens next, the leaders must be present and solution-focused.
• Involve staff in building stronger systems and solutions. This has proven to be an effective business strategy across multiple industries. Having staff who are empowered to present solutions builds buy-in and engagement.
• Lead with empathy and resilience, recognizing that growth often comes through discomfort.

Because at the end of the day, there are no tariffs on resilience. And in this industry, resilience paired with clarity is the most valuable asset any team can offer, internally and externally.

Kate Teves

Kate Teves is the founder and COO of the HR Pro, a recruiter and a Human Resources Professional who focuses on the real estate industry by finding incredible people to support solopreneurs, teams and brokerages.  She also helps leaders and managers build HR processes and design a culture and mindset that facilitate business growth and employee development.

The post Ask Kate: How can brokerages and teams navigate recruitment and retention challenges in a shifting market? appeared first on REM.

Every month, Kate Teves, HR consultant, recruiter and founder of The HR Pro, answers Realtors’ questions about anything and everything related to human resources. Have a question for Kate? Send her an email.

Question:  I need to terminate a seasoned employee. How do I do this without getting sued? 

Kate: Terminating an employee is never easy—unless you enjoy awkward conversations, legal jargon and the possibility of a lawsuit. I prefer a shorter and to-the-point approach myself and can attest that it is the least favourite part of my role as an HR consultant and formally an HR manager.

For real estate brokerages, where relationships, agent/staff retention, and competition stakes are incredibly high, handling terminations properly isn’t just about following the law, it’s about protecting your business, your reputation and most importantly—your sanity.

“A reputation once broken may possibly be repaired, but the world will always keep their eyes on the spot where the crack was.” — Joseph Hall

Here’s what you need to know when letting an employee go in Ontario, from non-competition clauses and non-solicitation agreements to termination pay and avoiding contract pitfalls.

Know the rules before you make the call

Ontario employment law isn’t a “choose your own adventure” book—it’s a clear set of rules that every employer must follow. If you don’t, you could be in for costly surprises, even when you think you’re doing everything right.  Remember that a former employee has two years to file a lawsuit after termination and can share negative comments on sites like Indeed, GlassDoor and social media that may deter amazing people from wanting to work with your company in the future.

Here’s what governs terminations:

• Employment Standards Act (ESA): This is the bare minimum standard for notice periods, severance, and termination pay. Every employee is entitled to ESA protections regardless of their contract, even a misclassified contractor can still fall under the ESA’s protection.
• Common law: Employees may be entitled to far more than ESA minimums based on age, re-employment opportunities, length of service, their title, etc (collectively known as the Bardal factors, stemming from the case Bardal v. Globe & Mail Ltd. 1960).  The challenge with Bardal factors, as you can imagine, is that they are on a case-by-case basis and need to be assessed by a lawyer. It’s important to note, that if an employer lured the employee from secure employment elsewhere, this can increase notice entitlement.

• Employment contracts: If drafted properly, a strong contract can limit your exposure to common issues like protection of intellectual property, non-disparagement and non-solicitation but if it’s vague or improperly written, the court will default to common law protections (which are almost always more generous to employees, unfortunately).

The lesson? If your employment contracts were downloaded from the internet in 2015, it’s time to get them reviewed by a professional.

Understand non-competes, non-solicitation and keeping your business safe

Firing an employee is one thing—preventing them from taking your business’s best practices and/or clients with them is another.

Non-competition clauses: The (mostly) useless clause

You might think you can stop a former employee from working for a competitor because it is a part of your contract but it is not the case, since 2021 non-competes are banned for most employees (except C-suite executives) and old contracts will not be enforceable.

Non-solicitation clauses: Your best line of defence

Instead of trying to prevent employees from working elsewhere, prevent them from poaching your clients, agents, employees and referral partners.

• A non-solicitation clause should be clear, reasonable and time-limited (12 to 24 months is typical).
• It must specify that the employee cannot contact or attempt to lure away clients, team members, or key business partners they worked with while employed.
• If properly drafted, it’s enforceable and gives you legal recourse if they start making moves on your database.

How much notice (or termination pay) do you owe?

“For cause” terminations 

Think you can fire someone “for cause” and walk away without paying them a dime? Think again. The ESA requires termination pay even for most “for cause” terminations unless there is wilful misconduct (which is a much higher bar than just poor performance or attitude issues).  If you believe you should be terminating “for cause” ensure to have ample documentation to prove your line of reasoning.

Termination pay: What you legally owe

If you terminate an employee (except for wilful misconduct), you owe them either working notice or pay in lieu of notice: typically 1 week for each year of service is the ESA’s bare minimum.  My recommendation is to always add at least 2 extra weeks to keep it above board (the Labour Board that is).

Severance pay (if applicable)

If your business has $ 2.5-million in annual payroll and the employee has worked for 5 or more years, you may also owe severance pay (up to 26 weeks’ salary).

The exit interview—your secret hiring weapon

Terminations aren’t just about ending relationships—they’re about learning how to hire better next time.  An exit interview can reveal important information that you can learn from for the future:

• What went wrong: Was it a hiring misstep, a culture issue or unrealistic expectations?
• Patterns in turnover: If multiple employees leave for the same reason, that’s a red flag.
• What to improve: Whether it’s onboarding, training, or leadership, there’s always room to refine your hiring strategy.

Terminations aren’t just HR tasks, they’re legal, financial and brand-sensitive decisions.  Letting someone go is never easy, but doing it right keeps your business out of legal trouble and on a path to stronger hiring in the future. And if this all sounds overwhelming? That’s what HR consultants are for.

Download Kate’s exit interview guide and offboarding checklist. 

Legal disclaimer: This article provides general HR guidance and does not constitute legal advice. For advice tailored to your specific situation, consult a qualified law

Kate Teves

Kate Teves is the founder and COO of the HR Pro, a recruiter and a Human Resources Professional who focuses on the real estate industry by finding incredible people to support solopreneurs, teams and brokerages.  She also helps leaders and managers build HR processes and design a culture and mindset that facilitate business growth and employee development.

The post Ask Kate: How to fire an employee without a legal nightmare appeared first on REM.

Kate Teves

Kate Teves is the founder and COO of the HR Pro, a recruiter and a Human Resources Professional who focuses on the real estate industry by finding incredible people to support solopreneurs, teams and brokerages.  She also helps leaders and managers build HR processes and design a culture and mindset that facilitate business growth and employee development.

The post Ask Kate: How to handle a toxic performer at your brokerage appeared first on REM.

Kate Teves

Kate Teves is the founder and COO of the HR Pro, a recruiter and a Human Resources Professional who focuses on the real estate industry by finding incredible people to support solopreneurs, teams and brokerages.  She also helps leaders and managers build HR processes and design a culture and mindset that facilitate business growth and employee development.

The post Ask Kate: What’s the secret to running a truly successful brokerage? appeared first on REM.