Employment lawyer Lior Samfiru on employee rights to post personal opinions online

Interview Summary

Amid sensitive news stories circulating from the Middle East, many employees have considered whether or not to post their opinions on social media. Reports stating individuals’ employment termination after posting about sensitive subjects have given rise to questions concerning employee and employer rights.

Lior Samfiru, an Ontario employment lawyer and National co-managing Partner at Samfiru Tumarkin LLP spoke to Scott Radley on 900 CHML to answer these questions and more.

Interview Notes

• Employee personal disclaimer: Employees who choose to post opinions online with a disclaimer that it is their own subjective opinion, and not that of their employers, could still face legal consequences. Disclaimers do not protect employees from liability in relation to their workplace.
• Employer’s rights to implement discipline: Employers in the private sector are able to decide what is appropriate in the context of the workplace. Employers are within their rights to terminate employees for any reason, without cause, as long as adequate severance is paid. While it is difficult to terminate an employee for cause due to social media posts, it can occur if the employee’s post is considered hate speech or incites violence. Employees in a prominent public-facing role have a greater responsibility regarding their online conduct.
• Employer policies regarding online behaviour: Many employers have implemented policies in place regarding employees’ online conduct. Employers should communicate to their employees to avoid posting anything online that could have a negative impact, particularly if the subject matter is sensitive.
• Condition of employment: Employers are within their rights to inform employees, during the hiring process, that social media conduct will be a condition of employment. It is easier to implement regulations at the start of employment, rather than later on. Employees who then breach the terms outlined in their employment agreement can be penalized by their employers.