Can Doctors Be Fired Over Off-Duty Misconduct?

Can misconduct outside of the workplace affect your employment?

A fourth-year neurology resident in Florida has learned that actions have consequences after her assault on an Uber driver was recorded. The video shows her abusing the motorist both physically and verbally. She also caused damage to his vehicle, and emptied its contents on to the road.

WARNING! CONTAINS PROFANE LANGUAGE

The ordeal began when the woman tried to solicit a ride from the Uber driver, despite the fact that he had been hired by another individual.

The student has reportedly been suspended from her job at Jackson Health System, and is in danger of losing it altogether.

Could she really be terminated over the poor decision she made during a Saturday night out? Does an employer have the right to fire an employee that acts inappropriately and allegedly breaks the law?

This reminds us of the Hydro One employee who used profane language while being interviewed by a TV reporter live on air. His employment was terminated, however he was later reinstated to his position at the company.

LEARN MORE:
• Hydro One and severance pay for non-union workers

Generally speaking, an employee cannot be fired for cause as a result of off-work conduct, unless the conduct is such that it will impact the workplace. For example, if the public will boycott the employer because of what the employee did outside of work, the employer may then have just cause to terminate the individual’s employment. Firing someone otherwise for off duty conduct could trigger a wrongful dismissal claim.