B.C. restaurant manager fired for refusing to serve man in pro-Trump hat

Teahouse “Make America Great Again” Termination: What Happened

A Vancouver restaurant manager was fired for cause when he refused to serve a customer who wore a “Make America Great Again” hat.

The slogan was popularized by U.S. President Donald Trump in his 2016 campaign, and can be found on bright red baseball caps worn by his supporters.

The terminated manager of Vancouver’s Teahouse in Stanley Park has been identified as Darin Hodge.

Eva Gates, vice president of operations and human resources for the Sequoia Company of Restaurants, which owns the Teahouse, says the capped customer was seated on the restaurant’s patio on Tuesday, June 26th when Hodge approached him, and asked him to take his “Make America Great Again” hat off in order to dine. The patron ultimately opted to leave the restaurant instead.

In a statement, Hodge says that he hasn’t changed his mind about his decision.

“I stand by my decision to ask the patron to remove his hat. The MAGA hat has come to symbolize racism, bigotry, Islamophobia, misogyny, white supremacy, homophobia. As a person with a strong moral backbone, I had to take a stand against this guest’s choice of headwear while in my former place of work,” he wrote.

Gates said Hodge was fired with cause on Thursday because the incident violated the company’s anti-discrimination policy. She also stated the the termination was justified because Hodge posted about it on social media before having a planned conversation with upper management about it.

Teahouse “Make America Great Again” Termination: Was It Just Cause?

A Vancouver employment lawyer at Samfiru Tumarkin LLP in Vancouver told The Canadian Press that this incident is an interesting case.

If Sequoia had a policy in place that spoke to inclusivity and the grounds on which service could be denied, then the company would be within its rights to fire the manager with cause, she said. In that case, an employee would be terminated without severance pay.

If not, she said Hodge would not be in breach of any company policy — although it could still fire him without cause and pay him severance.

“In situations like this, determining whether or not the employee has committed a ‘fireable offence,’ which could give the company the right to terminate without paying severance, comes down to whether the employee did something illegal or did something contrary to company policy,” the lawyer said.

It’s not illegal to refuse service on the basis of political beliefs, she added.

She warned that in the age of social media, employees should consider how what they post to social media could affect their employment, since employers can always terminate their employees so long as it’s not discriminatory.

“An employer can always terminate you. And employers these days, with the age of social media and everything being out there in public, they’re so quick to run away from anything that even smells like controversy. So that’s where, as an employee you need to be careful what you do both on the job and off the job,” she said.

Samfiru Tumarkin LLP was featured on the following news outlets across Canada, where she explained why there’s an argument to be made for and against a termination “for cause” in this case:

• 680 News in Toronto
• CTV News
• 570 News in Kitchener
• Times Colonist in B.C.
• 1130 News in Vancouver
• CityNews in Toronto
• National Post

In The News

• Lia on Global News: Trump slogan hat leads to firing of Vancouver restaurant manager
• Racist Denny’s Rant Not Likely Termination For Cause
• 680 News: B.C. restaurant manager fired for refusing to serve man in pro-Trump hat
• CTV: Vancouver restaurant manager fired for refusing to serve man in MAGA hat

Fired? Let Go? Discover Your Rights

Many Canadians fired “for cause” by their employer have actually been dismissed without cause, and are therefore owed severance pay.

Those employees who are terminated without cause and provided with severance pay are often offered inadequate severance packages, which usually only covers their MINIMUM entitlements as determined by Employment Standards.

Common law in Canada dictates an employees FULL severance pay/termination pay entitlements. This is why it is important to contact an employment lawyer at Samfiru Tumarkin LLP following a termination to determine what your rights are.

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