B.C. education assistant fired after refusing to remove OnlyFans account

The Coquitlam School District has fired a 35-year-old education assistant at Terry Fox Secondary School after she refused to shut down her adult content accounts, including her OnlyFans page.

In a termination letter from a district assistant superintendent, Kristin MacDonald, who works with special needs students, was told that her “misconduct in this matter is egregious.”

According to news outlets, including CBC News, the letter outlined six reasons for her dismissal. Among them was allegedly posting material on social media that “involves the sexualization of the school environment.”

“There’s been a lot of mixed emotions about it,” MacDonald told CBC News in an interview on July 3.

“Certainly, disappointment and everything. But I’m also optimistic that the process is not over yet.”

In April, Terry Fox Secondary School instructed MacDonald in an email to “immediately cease all activity and to remove all online social media accounts including but not limited to Facebook, Instagram, TikTok, and OnlyFans.”

She was warned that failure to do so “may result in disciplinary action up to and including termination.”

LISTEN: Employment lawyer representing Kristin MacDonald spoke with CBC News’ On the Coast with Belle Puri about the MacDonald’s termination and the rights she has.

MacDonald, a single mom from Maple Ridge, B.C., has been with the Coquitlam School District since 2015.

Unable to support her family with her current salary, she decided to create an OnlyFans account under a different name in June 2022.

Prior to MacDonald’s termination, Randy Kootte, president of CUPE 561, the union which represents MacDonald and other education assistants, told CBC News that her case appears to be a code of conduct issue.

However, he added that he doesn’t see anything “she has breached within the collective agreement or within the district policies.”

SEE MORE
• Lawyer discusses education assistant’s OnlyFans page with CBC News
• Employment lawyer talks B.C. OnlyFans job drama with Daily Hive
• Fiona Martyn on education assistant’s OnlyFans and employee social media use

MacDonald said she and her union have put in for a grievance.

While this matter involves a unionized employee, it’s important for non-unionized workers in Canada to understand their rights in the event that they find themselves in a similar situation.

Can my employer punish me for the things I do outside of work?

In some cases, yes. Employers in Canada can punish non-unionized workers if they have properly implemented policies that clearly outline what staff members can and can’t do outside of working hours.

If there is a connection between your off-duty activities (or the effects of those activities) and your job, your boss could have grounds to discipline you.

However, it’s very unlikely that your employer would be able to make substantial changes to the terms of your employment as punishment.

Major modifications, such as a demotion, relocation, or reduction in 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 significant adjustments are made to your job without your consent or reasonable notice, there is a very good chance that you can treat it as a constructive dismissal.

In this situation, the law allows you to resign and pursue full severance, which can be as much as 24 months’ pay.

To figure out how much compensation you could be entitled to, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine how much severance they are owed.

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

We can review your situation, assess your legal options, and help you secure the compensation you deserve.

ADDITIONAL RESOURCES
• Job changes in Ontario: What employees need to know
• Changes to your job in B.C.: Employee rights
• Changes to your employment in Alberta: Your rights

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

If the employment contract you initially signed doesn’t give your employer permission to punish you for off-duty activities, you might be asked to accept a new agreement that does give the company to discipline you.

In the event that you are provided with a new employment contract, don’t sign anything before contacting Samfiru Tumarkin LLP. Your boss can’t legally force you to accept it immediately or a few days after receiving it.

These agreements often take away key protections that would otherwise be available to non-unionized employees in Canada.

Our firm can review the contract and ensure that your workplace rights are properly protected.

LEARN MORE
• Starting a new job? Here’s how an employment contract could limit your rights
• ’60 days or more’: Is it an enforceable termination clause?
• Employment Law Show: 5 things to know about employment contracts

Validating a new agreement

In Canada, employers must provide non-unionized workers with an additional “benefit” in order to validate a new employment contract.

Potential benefits could include:

• A raise
• Extra vacation days
• More flexibility working remotely

If your company didn’t include an additional benefit in the new agreement, or you aren’t sure that one has been provided, don’t sign anything before speaking with one of our experienced employment lawyers.

SEE ALSO
• Pay raises: Rights for employees in Ontario
• Vacation Pay in Ontario: Your Rights

My boss is pressuring me to quit over my off-duty activities, what should I do?

While your employer might not approve of what you do outside of working hours, the company can’t pressure or force you to resign.

If your boss is influencing you to step down, document their attempts. Keep any letters, emails, or text messages that show how your employer is pressuring you to quit your job.

Once you have gathered all of the relevant documents, don’t resign before contacting an experienced employment lawyer at Samfiru Tumarkin LLP.

Unfortunately, pressure from management can be so intense in some cases that staff don’t feel they have any other option than to quit.

If you are forced to resign for any reason, reach out to our firm immediately.

In addition to severance pay, you could be owed compensation for any damages associated with the end of your employment.

LEARN MORE
• Employment Law Show: How to handle a bad boss
• Employment Law Show: Facts about forced resignations
• Employment Law Show: What your employer legally can’t do

Can my employer fire me for the things I do outside of work?

In Canada, non-unionized employees can be fired for any reason, as long as they are provided full severance pay and the reasons for their dismissal aren’t discriminatory. This is called a termination without cause.

If your off-duty activities were appalling and violated your employer’s properly implemented policies, it’s possible that the company could have grounds to fire you for cause — meaning no severance package or access to Employment Insurance (EI) benefits.

Considered the “capital punishment” of employment law, it’s reserved for the worst workplace offences such as serious insubordination, theft, or assault.

However, to justify terminating you for cause, your boss would have to prove progressive disciplinary measures were applied and that a lesser penalty wouldn’t be acceptable, which is very hard to do.

LEARN MORE
• Wrongful dismissal in Canada: Your rights
• Do I have to look for a new job after getting fired?
• Can I get my job back if I am fired?

Lost your job? Speak with an employment lawyer

If you are fired or let go because of your off-duty activities, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in B.C., Alberta, and Ontario 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 you are legally entitled to.