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Possible real life Ethics scenario. For Canadians.

Canada: I am in charge (to some extent) of hiring new recruits to our firm as associates/assistants for our Investment Advisors and Portfolio Managers. The associates' job includes routine client contact, answering queries, and doing basic research for clients and basic advisory services.

Having received a new resume for an impressive new potential associate, I call him in for a job interview. Resume is quite impressive. Studied in London. Great transcript, story checks out, will be writing his Canadian Securities Course soon (similar to Series 7), etc.

HOWEVER, through reasons I won't into detail here, I have come to suspect that this individual does not have a Permanent Resident status in Canada. This concerns me because I now don't know if this individual is even eligible to work in Canada.

If I pass this on to the hiring department for further review without investigating the matter further myself would I be in violation of:

The Standard relating to Professionalism: Knowledge of the Law?

The Standard relating to Duty to Employer?

This is why this is potentially an ethics issue. On his application he is claiming eligibility. I suspect otherwise and I suspect that he is not truthful about this. I know he's truthful about his studies as I've got his transcripts. Now, I have to do my due diligence, but not as a supervisory role necessarily, so would it still be in violation of "Duty to Employer" if I passed it on to the hiring department? My gut tells me yes because:


Standard IV: Duties to Employers:

A) LOYALTY: In matters related to their employment, Members and Candidates (i.e. myself) must act for the benefit of their employer and not deprive their employer of the advantage of their skills and abilities, divulge confidential information, or otherwise cause harm to their employer.


There's certainly risk of harm to the employer: If I don't do my job properly, essentially we would face a hefty fine/penalty.



It looks like it most likely would be a violation of Professionalism - Knowledge of the Law as I agree with what BayStreet said. Furthermore, if I KNEW that he wasn't eligible and I still passed it on, it would be a violation of Professionalism - Misconduct.

But yes the best course of action would be to contact HR. Thanks for your help guys!

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Isn't one of the questions that you have to answer when applying, and employers are allowed to as. "Are you elligible to work in Canada?"

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Huh? I don't see the problem here. Just call the guy and say "hey, do you have a Canada work visa?"

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don't see a problem neither...I've benn ask that question directly and i work in bank in canada as well. it's not illegal to ask it...if you are embarrasssed, just ask the hr to check it for you

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It is a violation of the standards if you dont make a reasonable effort to ensure his ability to work in Candada and you hire him (and he cant work in Canada thus working illegally). Then you are to blame. However that would most likely never happen because HR will be on top of that when getting an official contract out. most contracts have the check box "are you legally allowed to work in Canada?"

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Talk with HR to see if you should ask if he is eligible to work in Canada or if they will handle that question. That is a standard question I ask in the beginnig of all interviews (using HR approved language - also I am in the US)

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This might be helpful, only a guideline though.

My experience in Canada, you as an interviewer would ask whether a candidate is eligible to work in Canada, if NO, stop right there or if you REALLY like the guy, offer him the job and get him to apply for the permit; if YES, pass the ball to HR, HR should be responsible to verify all work related documents including the work permit for foreigners, once everything checked, offer the job. This should apply in most Canadian banks.

Generally it is a very easy and fast process to get a work permit with or without an offer, if the candidate is qualified.

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Sounds like a generic posting where you could receive hundreds of applications. Forward the resume to the shredder and problem solved!

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