Senators CEO claims he was fired after swearing at owner – 580 CFRA

The Ottawa Senators fired chief executive officer Jim Little Wednesday morning, saying his conduct was “inconsistent” with the core values of the NHL.

Little publicly stated that his firing was triggered by an argument he had with team owner Eugene Melnyk a month prior. During the conversation, he alleges that he swore at Melnyk.

Can your employer fire you for swearing at them, or using inappropriate language?

Alex Lucifero is an Ottawa employment lawyer in Ottawa, and a managing partner at Samfiru Tumarkin LLP. He joined Bill Carroll on Newstalk 580 CFRA to explain whether swearing at your boss is cause for dismissal.

Lucifero also joined Ian Mendes and Lee Versage on TSN 1200’s The Drive to discuss the matter.

Can an employee be let go for cause after swearing at their employer?

A heated argument involving foul language between you and your employer may lead to a legitimate termination for cause. That is especially true if it wasn’t the first time you have hurled profane language at your employer.

If you engage in a “spirited” conversation with your boss, and that conversation is an isolated incident during your entire history with the company, it is unlikely that your employer can fire you for cause. A termination for cause is reserved for the most serious workplace misconduct. Your termination will likely be considered a dismissal without cause, and your employer will be required to provide you with a full severance package. We calculate Ontario severance pay by reviewing several factors, such as age, position and length of employment.

However if you frequently resort to swearing when addressing your boss or supervisor, and they have taken numerous steps to discipline you, your employer may be able to argue a “for cause” dismissal without severance pay.

Keep in mind that it is never a good idea to use inappropriate or profane language when addressing your boss or direct supervisor.

My boss is swearing at me. Can I swear back?

Two wrongs don’t make a right. Just because your boss is swearing at you, it does not make it appropriate to fire inappropriate language right back at them.

However, if your employer has allowed behaviour such as swearing to run rampant in the workplace, they lose the ability to condemn you for your use of foul language.

Experiencing an Employment Issue?

Before you call a lawyer, use the Pocket Employment Lawyer to find out if you might have a case.

Use The Severance Pay Calculator to find out how much severance pay you may be owed upon termination.

Call 1-855-821-5900, email Help@EmploymentLawyer.ca or fill out a contact form to get help now from an employment lawyer in the Ottawa area.

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