University Professor Suspended Over Charlie Kirk Commentary: Employment Lawyer with Toronto Life

Interview Summary

A University of Toronto professor is facing backlash and a suspension from her position after posting a comment after the assassination of Charlie Kirk. Many others also seem to be facing potential discipline or termination of employment due to their online conduct in the wake of Kirk’s death. Can employers legally terminate employees over a social media post?

Jennifer Corbett, an Ontario employment lawyer and Senior Associate at Samfiru Tumarkin LLP, spoke with Toronto Life on the implications of employee online conduct.

Interview Notes

• Decision to place employees on leave: Corbett explained that employers can place employees on suspension or leave as a result of their online conduct. “Freedom of expression in the context of the Charter of Rights and Freedoms relates to persecution or reprisal from government, not private employers who, more and more, are taking action based on social media posts.”
• Employer next steps: “Employers are entitled to step in and take action if it’s going to foster an unsafe learning environment,” said Corbett. “They’re accountable to a lot of people—students, parents, donors. Bigger-picture factors are at play.”
• Terminating an employee ‘for cause’: Corbett noted that it is a difficult task for employers to pursue termination ‘for cause’ due to a social media post. “To terminate with cause, you would have to prove intentional, willful misconduct—in most cases, a social media post is not going to amount to just cause.”
• Without cause terminations: Unlike pursuing a termination ‘for cause’, terminations without cause are a much easier possibility. “Employers can terminate without cause for almost any reason, as long as that reason is not discriminatory or some kind of reprisal,” Corbett explained.
• Discrimination against employees: Corbett cautioned employees from pursuing potential discriminatory complaints. “Discrimination in this context refers to a Charter-protected group,” said Corbett. She also went on to explain that for this same reason,  the professor’s commentary cannot be considered hate speech.

Related Resources

For further insights and discussions related to employee rights, explore the following resources:

• Fired for posting opinions online?