‘Time Theft’: What employees need to know

What is time theft?

Time theft occurs when a worker doesn’t perform their job duties during the hours that their employer is paying them to do so.

Non-unionized employees in Canada can commit time theft in a variety of ways, including:

• Not working or being unproductive during paid time
• Entering time for hours worked when no work was actually completed

Many companies are concerned that the ongoing shift to remote and hybrid work models could make it easier for staff to slack off at home.

WATCH: Employment lawyer Alex Lucifero discusses the concept of time theft with CTV News’ Dylan Dyson.

Time theft in B.C

The B.C. Civil Resolution Tribunal recently ordered an accountant to pay her former employer more than $2,600 after the company’s tracking software revealed that she committed time theft while working remotely.

The business was able to show a 50-hour discrepancy between the accountant’s timesheets and the activity recorded by the TimeCamp program on her work computer.

Trust is crucial between employees and employers — both inside and outside of the office.

Time theft is considered a serious form of misconduct because it can cause irreparable damage to the employment relationship.

LEARN MORE
• Vancouver employment lawyer on B.C. time theft case
• Employment lawyer talks time theft and employee monitoring on 980 CKNW
• What are the liabilities for employers with hybrid workplaces?

Is it legal to electronically monitor staff during work hours?

The short answer is yes. Employers can electronically monitor non-unionized staff during work hours.

This includes individuals working full-time, part-time, or hourly in Ontario, Alberta, and B.C.

While your boss is legally obligated to inform you that you are being electronically monitored during work hours, the business doesn’t need your consent to track you on company devices (i.e. laptops, tablets, phones, etc.).

However, if you are working from a personal device, it’s likely that your employer would need your consent to electronically monitor your activities on it.

LEARN MORE:
• Electronic monitoring in Ontario: What employees need to know
• Employee monitoring: Should workers be paid by the minute?

Can I refuse to be electronically monitored during work hours?

In provinces such as Ontario, employment standards legislation doesn’t give non-unionized workers the right to avoid being electronically monitored by their employer.

However, there are limitations regarding what information businesses in Canada can collect on employees using tracking software.

When employers electronically monitor staff, they must ensure that the software is only tracking company data to the best of their abilities.

SEE ALSO
• Privacy issues and policy in Canada
• Employment Law Show: What your employer can’t legally do

Can my employer punish me for time theft?

In Canada, employers can punish non-unionized workers for committing time theft.

Depending on the severity of the situation, you could be put on paid or unpaid leave and potentially terminated if your job performance doesn’t improve.

If you committed time theft while working remotely, the company might require you to do all of your work at the office as punishment. However, this could be seen as a constructive dismissal in some cases.

Non-unionized workers don’t have to accept major changes to their job, such as a demotion, relocation, or cut in pay. These types of modifications are illegal.

If substantial adjustments are made to the terms of your employment without your consent, the law allows you to quit your job and pursue full severance pay through a constructive dismissal claim.

Before resigning, speak with an experienced employment lawyer at Samfiru Tumarkin LLP.

We can confirm that you have been constructively dismissed, assess your legal options, and help you secure the compensation you deserve.

SEE ALSO 
• How to calculate severance pay
• Do I get severance if I quit?

Can my employer force me to make up the hours lost due to the time theft?

If you commit time theft, your employer might be willing to give you a chance to make up the lost time.

However, the arrangement must be in compliance with provincial or federal employment standards legislation.

• Example: Your boss finds out that you committed a month’s worth of time theft and gives you the opportunity to make up the hours lost. If you agree, your employer can’t force you to work multiple 24-hour shifts in a row.

Can my employer fire me for committing time theft?

Your employer can fire you for committing time theft. 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 aren’t discriminatory

Depending on your situation, your employer might have grounds to fire you for cause, which would mean no severance package or access to Employment Insurance (EI) benefits.

Considered the “capital punishment” of employment law, this type of dismissal is reserved for the worst kinds of workplace offences, such as serious insubordination, theft or assault.

To justify this, the company would have to prove progressive disciplinary measures were applied and that a lesser punishment wouldn’t be suitable.

If you are fired for cause due to time theft, or for any reason, contact Samfiru Tumarkin LLP as soon as possible.

We can determine if this type of dismissal was appropriate in your situation and help you secure the compensation you are owed if it wasn’t.

LEARN MORE
• Severance pay for provincially regulated employees
• Rights to severance for federally regulated employees
• Severance pay in a recession

Lost your job? Speak with an employment lawyer

If you are fired or let go for committing time theft, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Toronto, Ottawa, Calgary, and Vancouver can review your situation, enforce your rights, and ensure that you receive the compensation you are legally entitled to.