Doctor’s Social Media Misstep, Suspension: Newstalk 1010 talks with Fiona Martyn

Interview Summary

A University of Ottawa resident doctor was recently suspended from his position after posting on social media about the situation in the Middle East.

Many individuals throughout the past few months have lost employment as a result of posting controversial and sensitive subject matter. What rights and expectations should employees be aware of regarding conduct online?

Fiona Martyn, an Ontario employment lawyer and Associate at Samfiru Tumarkin LLP, spoke with Jim Richards on Newstalk1010 to discuss the potential consequences of employee conduct on social media and options available to them.

Interview Notes

• Advice for employees regarding social media: Generally, employees can have contrary views to that of their employers. The situation becomes problematic, however, if employees post content on social media that can damage their employer’s reputation and business interests as well as incite violence.
• Termination with and without cause: Employers in the private sector can terminate an employee without cause for any reason, as long as adequate severance pay is offered and the reasons for their termination aren’t discriminatory. It would be harder for companies to terminate an employee for cause due to social media posts.
• Right to express personal opinions online: Employees shouldn’t post content that could be viewed as inciting hate and violence and potentially discriminatory. Employees should always assume the content that they post online will be seen publicly.