Can I be fired for discussing my salary on social media?

The short answer is yes. You can be fired if you make your salary or income public, including on social media.

This is called a termination without cause. In Canada, companies can let non-unionized employees go for any reason, as long as:

• They are provided full severance pay
• The reasons for their dismissal are not discriminatory

Generally, your employer can’t fire you for just cause for publicly disclosing your salary or income.

This type of termination means you are not entitled to a severance package or Employment Insurance (EI) benefits.

LEARN MORE
• How to calculate severance pay
• Severance for federally regulated employees
• Severance for provincially regulated employees

Duty of Loyalty

In Canada, employees have an implied legal duty of loyalty and fidelity to their employer. They must protect the company’s confidential information, trade secrets, and generally act in the best interests of the organization.

• Example: Lexi Larson, a Colorado-based tech worker, was let go after she posted a video about her salary on TikTok. Her employer cited the reason for the termination as “security concerns” related to her social media account and her ability to post private information about the company.

If sharing your salary or income publicly has the potential to cause harm to the company, it’s possible that they could fire you for just cause. However, this outcome is relatively unlikely.

Is it illegal for an employee to publicly discuss salary?

There is no specific law in Canada that prevents employees from publicly discussing their salary or compensation. Therefore, it’s not illegal for a worker to share how much income they earn from their job.

Pay equity legislation

Several provinces in Canada have provisions in their employment legislation, or separate “pay equity” legislation, which makes it illegal to fire workers for just cause if they share their salary or income publicly. Ontario’s Pay Equity Act is one example.

While other provinces, including Alberta and B.C., don’t have their own pay equity legislation, you might be able to find recourse through human rights legislation if you are fired or let go for sharing your salary publicly.

• Example: A female employee shares her salary publicly in order to expose pay inequity within her workplace. The worker would potentially have a human rights claim under the protected ground of gender since receiving less pay than her male colleagues would likely qualify as discrimination.

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.

What if my employment contract includes a confidentiality agreement?

In some cases, employers will include a confidentiality agreement in their employment contract.

These clauses are designed to prohibit staff from publicly sharing information about the company, which can often include salary and compensation.

However, if you live in a province that has pay equity legislation, a confidentiality agreement preventing you from sharing information about salary and compensation likely wouldn’t be enforceable.

SEE ALSO
• Employment Law Show: 5 things you need to know about employment contracts

Can my employer punish me for discussing my salary on social media?

If you live in a province with pay equity legislation, your employer can’t punish you for publicly discussing your salary on social media. This includes making major changes to your job.

Large modifications such as a demotion, cut in pay, reduction in hours, or negative change to commission are illegal.

When the terms of your employment are significantly changed, the law allows you to resign from your job and seek full severance pay through a constructive dismissal claim.

READ MORE
• Do I get severance if I quit?

Fired for publicly discussing salary?

If you were fired for publicly discussing your salary while working in Ontario, Alberta, or B.C., contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Toronto, Ottawa, Calgary, and Vancouver have helped tens of thousands of individuals across Canada resolve their workplace issues.

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