Employment Law

Anthony Bass Demoted Due to Social Media: Newstalk 1010 Interview

A headshot of Canadian employment lawyer Dan Balkaran next to the logos for Samfiru Tumarkin LLP and radio station Newstalk 1010 in Toronto.

Interview Summary

Toronto Blue Jays pitcher Anthony Bass was demoted from the team’s roster following sharing a video on his social media accounts. The video seemed to express an anti-LGBT sentiment but Bass stands by his actions. Can employees face consequences for behaviour outside of the workplace? Can an employer penalize an employee for voicing personal opinions and beliefs?

Dan Balkaran, an employment lawyer in B.C and Associate at Samfiru Tumarkin LLP spoke to Jim Richards on Newstalk 1010 to answer these questions and more on employee rights.

Interview Notes

  • Freedom of speech for employees and consequences: Employees should be wary of the content they choose to post online and on social media. Employees should look closely at their employer’s policies in the workplace, particularly if there is a policy regarding online behaviour and conduct. Employers are within their rights to terminate non-unionized employees for any reason as long as severance pay is offered. It is very difficult to terminate an employee “for cause”.
  • Terminating an employee “for cause”: It is difficult for an employer to establish “cause” when terminating an employee. Terminations for cause are reserved for serious misconduct exhibited by an employee, and not solely due to single mistakes or errors in judgment. Employers can terminate an employee for cause due to their behaviour outside of the workplace if the conduct injures an employer’s reputation or business interests.

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