Employment Law

980 CKNW – B.C. Realtor Fired After Social Media Comment About Alberta

Can an Employee be Fired for Comments on Social Media?

Real estate company Century 21 has suspended a Kelowna realtor after he posted comments about the province of Alberta on social media.

In one post on real estate agent Ben Houghton’s personal Facebook page, he stated “Alberta such cry babies… don’t worry Alberta your greed will soon be back in full swing.”

Are employers legally allowed to fire or let go employees who post potentially inappropriate comments on social media? Do employees have a right to say what they want on their personal Facebook accounts without fear of being terminated from their job? Would this incident qualify for a termination for cause? Employment lawyer Stan Fainzilberg joined the Jon McComb show on Global News Radio 640 Toronto to discuss B.C. employment rights in this case.

Reaction from Public and Century 21

The realtor’s comments gained attention online and were eventually brought to the public’s attention by a report on by Global BC. After Houghton’s story made the news, Century 21 issued a press release on the matter, where they apologized for his comments and language on social media.

Century 21 Assurance Realty Ltd. claimed that their decision to suspend Houghton’s licence was mutually agreed upon as a way of stopping a growing wave of hate speech and death threats that were reportedly being targeted at the former Kelowna realtor.

Century 21 called the reactions to the social media post “totally unacceptable.”

Social Media: Employment Rights for Employees

Employees should remember that there is no right to privacy when you post something in the online community. Your employer has, in some cases depending on privacy settings, the ability to see anything you share. Your employer also has a right concern themselves with content that may damage the business’ reputation.

A good rule of thumb where online content is concerned is to never post details about work or your coworkers, whether it is positive or negative. In either case, you could be breaching workplace policies surrounding confidentiality.

Learn more about employee and employer rights when inappropriate comments are made on personal social media accounts here.

Social Media and Termination For Cause

Keep in mind that an employer does not have an unquestionable right to fire an employee “for cause” over allegedly inappropriate content posted on the internet. A termination for cause allows an employer to terminate an employee WITHOUT paying them full severance. In a majority of cases where inappropriate online content on social media is concerned, a termination for cause is not justified and the employee is still entitled to a complete severance package.

• LEARN MORE: Severance pay for real estate agents

If you are let go from your job in B.C. over comments you have made online on a personal social media account, you may in fact be owed full severance pay. To find out if that is the case, contact on of our Vancouver employment lawyers immediately to discover your rights.

Was Your Termination For Cause Legitimate?

In most situations, a termination "for cause" is not legitimate and you are still owed severance pay. Use our interactive Pocket Employment Lawyer to determine if you were incorrectly terminated.

Use Pocket Employment Lawyer

Advice You Need. Compensation You Deserve.

Consult with Samfiru Tumarkin LLP. We are one of Canada's most experienced and trusted employment, labour and disability law firms. Take advantage of our years of experience and success in the courtroom and at the negotiating table.

Get help now