Can my employer ban the use of AI at work?

The short answer is yes. Employers in Canada are generally entitled to enact policies that prohibit certain types of technology in the workplace, including artificial intelligence (AI).

A recent survey by BlackBerry, which involved 2,000 IT decision-makers from a variety of countries, including Canada and the U.S., found that 75 per cent of employers are considering or implementing bans on ChatGPT and other generative AI applications.

61 per cent of respondents said the restrictions are intended to be “long-term or permanent.”

The top two reasons that companies are considering or implementing an AI ban include:

• Potential risk to data security and privacy
• Risk to corporate reputation

While most respondents believe that their organizations are within their rights to decide which applications are used for business purposes, 74 per cent think that outright AI bans could be viewed by employees as “excessive control” over work devices.

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If your employer decides to ban the use of AI applications, such as ChatGPT, here are a few things that non-unionized workers need to be aware of.

Can my boss punish me for violating the company’s AI ban?

If your employer has properly implemented a policy that bans the use of AI at work, you could be disciplined for violating it.

However, the punishment can’t create a toxic workplace or result in substantial changes to the terms of your employment.

Major modifications, such as a demotion, pay cut, or workload increase, are illegal in Canada.

WATCH: Employment lawyer Lior Samfiru explains what non-unionized workers need to know about changes to their job on an episode of the Employment Law Show.

If significant adjustments are made to your job without your consent, there is a very good chance that you can treat it as a constructive dismissal.

In this situation, the law allows you to resign and pursue full severance pay.

However, you shouldn’t quit your job before speaking with an experienced employment lawyer at Samfiru Tumarkin LLP.

We can confirm that you have been constructively dismissed, assess your legal options, and help you secure the compensation you are owed.

ADDITIONAL RESOURCES
• Changes to your job in Ontario: Employee rights
• What Albertans need to know about changes to their job
• Changes to your employment in B.C.: Your rights

How is severance pay calculated?

Severance for non-unionized employees in Canada can be as much as 24 months’ pay.

This includes individuals working full-time, part-time, or hourly in Ontario, Alberta, and B.C.

The amount of compensation you are entitled to is calculated using several factors, including:

• Age
• Length of service
• Position at the company
• Ability to find new work

To figure out how much you could be owed, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their severance entitlements.

If your company doesn’t provide you with the correct amount, you have been wrongfully dismissed and should contact Samfiru Tumarkin LLP immediately.

We regularly resolve wrongful dismissal claims and can help you secure proper severance.

LEARN MORE
• Severance pay for provincially regulated employees
• Rights to severance for federally regulated workers
• Severance packages in a recession

My boss is pressuring me to quit after violating the company’s AI ban, what should I do?

No matter how upset your employer is that you violated the company’s AI ban, they can’t pressure or force you to resign.

If your boss is encouraging you to step down, document their attempts. Keep any letters, emails, or text messages that show how the company is pressuring you to quit your job.

Once you have gathered all of the relevant documents, don’t resign before contacting our firm. You might have grounds for a constructive dismissal claim.

Already resigned?

If you were forced to quit your job for any reason, connect with an experienced employment lawyer at Samfiru Tumarkin LLP as soon as possible.

In addition to severance pay, you could be owed compensation for any damages associated with the end of your employment.

LEARN MORE
• Employment Law Show: Facts about forced resignations
• Employment Law Show: What your employer legally can’t do
• Employment Law Show: Situations that trigger legal disputes

Can my boss fire me for violating the company’s AI ban?

If your employer has properly implemented a policy that bans the use of AI at work, and you violate it, the company can fire you.

Non-unionized employees in Canada can be let go for any reason, as long as they are provided full severance pay and the reasons for their dismissal aren’t discriminatory. This is known as a termination without cause.

WATCH: Employment lawyer Lior Samfiru explains what rights employees have if they are being fired or let go on an episode of the Employment Law Show.

However, it’s very unlikely that your boss would be able to fire you for cause in this situation — meaning no severance package or access to Employment Insurance (EI) benefits.

Considered the “capital punishment” of employment law, this type of dismissal is reserved for the worst workplace offences, such as serious insubordination, theft, or assault.

To justify firing you for cause, your employer must prove:

• Progressive disciplinary measures were applied
• A lesser penalty wouldn’t be acceptable

In our experience, most non-unionized employees don’t meet the conditions necessary for this type of dismissal and are entitled to severance pay.

SEE ALSO
• Can I be fired and replaced with artificial intelligence?
• Can a company use AI to determine who should be fired?
• Do I have to look for a new job after getting fired?

Lost your job? Speak with an employment lawyer

If you are fired or let go after violating your company’s AI ban, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Ontario, Alberta, and B.C. have helped tens of thousands of non-unionized individuals resolve their workplace issues.

We can review your situation, enforce your rights, and ensure that you receive the compensation you are owed.