Can an employee’s public actions lead to termination?

Over the past few weeks, Canadian politicians have been on the receiving end of public backlash as news has broken of many officials going on vacations despite asking citizens to remain home. While some politicians have resigned as a consequence, this may largely be due to the fact that their roles are public-facing. What consequences can regular Canadian employees face if they break COVID-19 regulations?

Lior Samfiru, a Toronto employment lawyer and co-founding partner of Samfiru Tumarkin LLP spoke with Global News on the possible consequences employees can face for choices made out of office.

Speaking with Global News, Samfiru notes that it is important to make a distinction between an employee that has a very public profile, like Canadian politicians, and those who do not. “Certain jobs like politicians, journalists, and front-line workers, for example, are expected to keep their employer’s interests at heart,” Samfiru states. Employers do have a right to take disciplinary action against employees who make their employers look bad by not following regulations.

“If your name is identified with your employer, what you do — even on your own time — could impact your employer, can embarrass your employer, can cause your employer to incur losses. Those employees will be held to a higher standard and the disciplinary measures are going to invariably have to be harsher in those situations,” Samfiru explains.

Employees can definitely face disciplinary actions if their choices, like deciding to travel, flout public health and safety guidelines and endanger the safety of other employees at the workplace. Alternatively, Samfiru notes quarantining for two weeks after returning from travel can also be grounds for termination. “An employer has an obligation to keep everyone safe in the workplace. And if an employee irresponsibly endangers others in the workplace, that employee can absolutely be disciplined,” Samfiru says.

The grey area for employees will fundamentally be if employers never specifically asked for employees not to travel. “They may have done something wrong from a common-sense standpoint, but they wouldn’t be breaching any order, any directive,” Samfiru said.