Ottawa employment lawyer on employee off-duty conduct and termination

Interview Summary

As vaccine mandates protests continue across the province and in particular, a convoy of protests draws national attention in Ottawa, many are wondering what this will mean for companies involved. Can employees who are participating in the protest face consequences from their employers? Is termination an option for off-duty behaviour?

Alex Lucifero, an Ottawa employment lawyer and Managing Partner at Samfiru Tumarkin LLP spoke with Matt Skub on CTV News Ottawa to discuss this ongoing issue.

Interview Notes

Can an employee be fired for conduct during off-work hours?

It’s important to remember that an employer is always permitted to let an employee go, as long as adequate severance pay is offered. The question regarding the off-duty conduct of an employee is actually whether or not an employee would be owed severance if fired for behaviour outside of work.

How do employers prove a termination for cause regarding misconduct outside of the workplace?

In the vast majority of cases, employers are going to owe employees severance. Terminations for cause in Ontario are reserved for extremely significant and egregious behaviour. It would be a rare occurrence in which an employee is fired for cause for attending a protest. In order to fire an employee for cause, an employer would have to prove allegations as well as the degree of severity.