COVID-19: Can I be fired for wearing a face mask to work? – 580 CFRA

Some businesses in Ottawa are telling customers that if they don’t wear a mask in the store, they won’t receive service. Can an employer force their employees to wear a mask in the workplace during the coronavirus (COVID-19) pandemic?

Alex Lucifero is an employment lawyer and managing partner of Samfiru Tumarkin LLP’s Ottawa office. He joined Leslie Roberts on Newstalk 580 CFRA’s Ottawa at Work to discuss employee rights wear face masks are concerned.

UPDATE on March 11, 2022: Ontario is ending its mask mandate for businesses on March 21, 2022, with exceptions like public transit and healthcare settings. Mask mandates for those sectors will end on April 27, 2022.

• • Will “No mask, no service” become more common in businesses across Canada?
  • Can an employee choose to wear a mask in the workplace, even if the employer says no?
  • My employer is threatening to fire me if I wear a mask to work. What can I do?
  • Why doesn’t Ontario declare that all employees must wear a mask in their workplace during the coronavirus pandemic?

• What is the most common question employment lawyers are being asked during the coronavirus pandemic?

Can I be fired for wearing a face mask to work?

As an employee, if you feel compelled to wear a mask at work, either to protect yourself or to protect others from COVID-19, and perhaps because you are in close contact with either other colleagues or customers, you cannot be punished by your employer in any way for doing so.

Every employer in Canada has the strict legal obligation to maintain a safe work environment. With our public health officials now recommending that individuals wear masks in public due to the coronavirus pandemic, employers should now be recommending the use of masks, not discouraging it.

If your employer has reprimanded you or even terminated your employment because you chose to wear a mask in the workplace, not only would you be owed severance, but additional amounts for the manner of your termination.

Can I be fired for refusing to wear a face mask at work?

Alternatively, if your employer is asking you to wear a mask in the workplace, you may very well be obligated to do so, unless the use of a mask would risk causing you health issues (asthma, for example).

Other than to accommodate a medical issue, refusing a reasonable request to wear a mask in the workplace would be a dangerous proposition for an employee, and can potentially lead to discipline.

Learn more about your rights during the coronavirus pandemic through our Coronavirus (COVID-19) Knowledge Centre, where you can find resources about your employment rights during COVID-19.