Lior Samfiru on 580 CFRA talks employee terminations due to social media posts

Interview Summary

Reports of employees losing their jobs due to online posts regarding circumstances in the Middle East have grown. This has led many to question what they can and can’t do outside of their workplaces.

Can employers discipline or terminate employees for opinions posted on personal social media accounts? Are employees still owed severance if terminated under these circumstances?

Lior Samfiru, an Ontario employment lawyer and National co-managing Partner at Samfiru Tumarkin LLP, spoke to Bill Carroll on Newstalk 580 CFRA to answer these questions and more on employee rights.

Interview Notes

• Employee’s right to post online: Employees can’t act contrary to their employer’s interest. As a result of this, there will be limitations to the content an employee can post online if it can damage their employer’s reputation and business.
• Posting online isn’t in conflict with the employer’s business: Generally, an employee having contrary views to their employer isn’t considered problematic or illegal. Employees should bear in mind the potential impact of what they post online (i.e. if the content is considered hate speech or inciting fear in the workplace). Employers are always able to terminate an employee as long as adequate severance pay is offered.
• Terminating an employee “for cause” due to posts: It’s difficult to terminate an employee for cause. Employers would have to prove that an employee’s online behaviour has caused a serious negative impact on their business or that they have exhibited serious misconduct.
• Proving online posts have caused fear or harm: While it’s difficult to prove an employee’s expressed opinions, even political, have created an unsafe working environment, any content that incites or condones hate and violence can be penalized by employers. Employers have an obligation to provide a safe and harassment-free workplace for all employees.