Federal government bans TikTok on work devices: Can your employer?

Concerned about TikTok’s data collection methods, the Government of Canada has banned the popular social media app on all government-issued mobile devices.

The video-sharing platform, owned by Beijing-based tech giant ByteDance, was removed on Feb. 28 after the country’s Chief Information Officer determined that it presents an “unacceptable level of risk to privacy and security.”

“The decision to remove and block TikTok from government mobile devices is being taken as a precaution, particularly given concerns about the legal regime that governs the information collected from mobile devices, and is in line with the approach of our international partners,” Treasury Board President Mona Fortier said in a statement on Feb. 27.

“While the risks of using this application are clear, we have no evidence at this point that government information has been compromised.”

Using a social media app is a personal decision.

To help you understand the risks and make an informed choice, check out guidance from the @cybercentre_ca: https://t.co/J1s4aL8aL3

— Mona Fortier 🇨🇦 (@MonaFortier) February 27, 2023

A spokesperson for TikTok said the company is very disappointed that it wasn’t informed of the federal government’s decision to ban the app prior to the announcement.

“We are always available to meet with our government officials to discuss how we protect the privacy and security of Canadians, but singling out TikTok in this way does nothing to achieve that shared goal,” the representative said in an email to CBC News.

“All it does is prevent officials from reaching the public on a platform loved by millions of Canadians.”

Agencies and Crown corporations that don’t fall under the federal government’s Policy on Service and Digital are being advised to leave TikTok.

According to reports, several Crown corporations have voluntarily followed suit, including the Bank of Canada, the National Capital Commission, Trans Mountain Corporation, and the Standards Council of Canada.

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Opposition parties complying with TikTok ban

Both the NDP and The Conservative Party confirmed that they will remove TikTok from government-issued mobile devices.

However, the Conservatives are calling for the ban to also include parliamentary devices.

“The leader and all Conservative caucus members will suspend their TikTok accounts and work with all parties to ensure our Parliament is protected,” a party spokesperson said in a statement to CBC News.

Provinces and cities removing TikTok

Days after the federal government’s ban on TikTok, all of the provinces have followed suit.

Ontario was the last to announce its decision. In a statement on March 9, Treasury Board President Prabmeet Sarkaria said officials in the province were instructed to immediately remove the social media app from government-issued mobile devices.

Municipalities, including Hamilton and Calgary, have also decided to halt their use of the video-sharing platform amid security concerns.

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Can my employer control the apps I use on company devices?

If you are required to work on a company-owned device, such as a computer, tablet, or phone, it’s very likely that your employer can control which applications you are allowed to use on it.

This includes non-unionized employees working full-time, part-time, or hourly in Ontario, Alberta, and B.C.

In many cases, employment contracts contain a clause that gives businesses the right to choose which apps can and can’t be used on company-owned devices.

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Can my employer control the apps I use on personal devices?

If you are working from your own computer, tablet, or phone, the amount of control your boss has depends on your employment contract.

Some companies add a clause that gives them the right to choose which applications are allowed on personal devices during work hours.

If your agreement contains this type of clause, you may have to install or remove certain apps for the duration of your shift.

Example

Stuart works remotely for a marketing firm in Ottawa. On June 3, his boss tells him that the company is banning TikTok on all devices used for work, effective July 4.

While Stuart doesn’t want to uninstall the social media app from his phone, the employment contract he signed gives his employer the right to choose which applications are allowed on his personal devices during work hours.

As a result, Stuart removes TikTok from his phone before starting his shift on July 4 and reinstalls it once the work day is over.

My employer is pressuring me to sign a new employment contract immediately, what should I do?

In Canada, employers can’t legally force non-unionized workers to accept a new employment contract immediately.

While many employees believe that they need to sign as soon as possible to protect themselves, a new agreement could take away protections that are currently available to you (i.e. not having to remove certain apps from your personal devices during work hours).

If you are being pressured to accept a new employment contract, don’t sign anything until you speak with an experienced employment lawyer at Samfiru Tumarkin LLP.

We can review the agreement and ensure that your workplace rights are properly protected.

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Can my employer punish me for installing or keeping a “banned app” on company devices?

If your employer has a policy that clearly outlines which applications aren’t allowed on company-owned devices, you can be disciplined for installing a “banned app” or failing to remove it.

However, your boss can’t punish you by making significant adjustments to the terms of your employment.

Major modifications, such as a demotion, longer shifts, or reduced pay, are illegal in Canada.

WATCH: Employment lawyer Lior Samfiru breaks down everything you need to know about changes to your job on an episode of the Employment Law Show.

When negative changes are made to a non-unionized employee’s job without their consent, the law allows them to resign and pursue full severance pay through a constructive dismissal claim.

If you believe that you have been constructively dismissed, don’t resign until you speak with an experienced employment lawyer at Samfiru Tumarkin LLP.

We can review your situation, assess your legal options, and ensure that you receive the compensation you are owed.

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How is severance pay calculated?

In Canada, severance for non-unionized employees can be as much as 24 months’ pay.

The amount of compensation you are entitled to is calculated using several factors, including:

• Age
• Position at the company
• Length of service
• Ability to find new work

Our firm’s free Severance Pay Calculator can help you figure out how much you are owed.

If your company doesn’t provide you with the correct amount, you have been wrongfully dismissed and should contact Samfiru Tumarkin LLP immediately.

Our experienced employment lawyers regularly resolve wrongful dismissal claims and can help you secure proper severance.

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Can my employer fire me for installing or keeping a “banned app” on company devices?

The short answer is yes. Your employer can fire you if you install an application on a company-owned device that isn’t allowed or don’t remove a “banned app”.

This is called a termination without cause. Non-unionized employees in Canada can be let go for any reason, as long as:

• They are provided full severance pay
• The reasons for their dismissal aren’t discriminatory

However, it’s unlikely that your boss would be able to fire you for cause in this situation, which would mean no severance package or access to Employment Insurance (EI) benefits.

This type of dismissal is reserved for the worst kinds of workplace offences, such as theft or assault.

To justify terminating you for cause, the company would have to prove progressive disciplinary measures were applied and that a lesser punishment wouldn’t be acceptable, which is very difficult to do.

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Lost your job? Speak with an employment lawyer

If you are fired or let go for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Ontario, Alberta, and B.C. have helped tens of thousands of non-unionized individuals resolve their workplace issues.

We can review your situation, enforce your rights, and ensure that you receive the compensation your are legally entitled to.