Reporter fired for standup comedy rehired by arbitrator: Employment lawyer on Newstalk1010

Interview Summary

A reporter in Philadelphia was recently reinstated at his job despite an initial termination.

After some segments of his standup comedy show were posted to social media, the radio reporter’s commentary was deemed offensive and he was let go by his employer.

The arbitrator’s decision to reinstate the reporter leads to questions regarding terminations for cause and off-duty employee conduct in Canada. What can employers do to penalize employees for their behaviour outside of the workplace?

Jon Pinkus, a Toronto employment lawyer and Partner at Samfiru Tumarkin LLP, joined Jerry Agar on Newstalk 1010 to discuss the situation and more.

Interview Notes

• Losing your job over online posts: In Canada, the context and the employee’s position will ultimately determine whether or not they can be terminated due to off-duty conduct. A connection must be established between an employee’s conduct and an employer’s reputation or the employee’s ability to do their job.
• Public image of the employee: An employee does not necessarily have to be the face of a company to face consequences for their conduct outside of the workplace.
• Terminated without cause due to conduct: An employer is within their rights to terminate an employee without cause due to their behaviour on social media or outside of the workplace. Adequate severance pay must be given based on the employee’s age, position and years of service.
• Impact on other employees: Despite a lack of a direct correlation between an employee’s job and commentary online, employees should be aware that their behaviour can impact their dynamics at the workplace. Comments that ensure employees no longer want to work with their peers or create a hostile work environment might push an employer to impact disciplinary measures or termination.