Can I be fired for donating to a protest?

Your employer can fire you for any reason, except for discriminatory issues (gender, race, religion) as long as they provide you with the proper amount of advance notice, severance pay, or a combination of both. This is called a termination without cause in Canada.

When an employee is fired for cause, an employer does not provide the employee with severance. Termination for cause is considered the capital punishment of employment law and should be reserved for only the worst of workplace misconduct. A private donation, made as a private citizen, to a fundraising campaign is unlikely to rise to the level of just cause for termination.

Can employees generally be fired for their activities outside of work?

An employee’s off-duty misconduct may result in just cause for termination if their actions impact the company or business they work for, or if the employee is acting as a representative of the company when the misconduct occurs.

While it is unlikely that an employer can fire an employee for cause for donating to the Freedom Convoy and the related protests, employers do have the ability to fire the employee without cause in reaction to any incidents.

LEARN MORE
• Employees fired for off-duty conduct
• Can off-duty conduct result in a termination for cause?
• Freedom Convoy trucker fired after colliding with a cyclist
• Severance packages for transport drivers

How much severance an employee is entitled to depends on a number of factors including the employee’s age, length of service, position, employability, and the enforceability of a termination clause in an employment contract. Severance could be up to 24 months of pay. An employment lawyer at Samfiru Tumarkin LLP can review the appropriateness of any termination package for individuals working in Ontario, Alberta and British Columbia.

What are the repercussions if an employee is discovered to have donated to the freedom convoy?

Employees in Ontario are free to exercise their right to freedom of speech and freedom of association within the confines of the law. If an employee is discovered to have donated to the Freedom Convoy, particularly if they are not acting as a representative of the company in doing so or directly impacting the company’s business, their actions cannot justify firing them for cause.