Try Guys remove Ned Fulmer over workplace relationship: Employee rights

The Try Guys, a popular North American YouTube group, recently announced on Instagram that they are parting ways with Ned Fulmer, one of their founding members.

The announcement on September 27, 2022 came shortly before Fulmer shared on social media that he had engaged in a “consensual workplace relationship.”

pic.twitter.com/NDKjRBCdIY

— Ned Fulmer (@nedfulmer) September 27, 2022

In a statement on her Instagram account, Fulmer’s wife Ariel thanked everyone who reached out to her.

“Nothing is more important to me and Ned than our family,” she said. “All we request right now is that you respect our privacy for the sake of our kids.”

Fulmer’s post about participating in a consensual workplace relationship came after fans began noticing his absence in recent YouTube videos, podcasts, and social media posts.

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Are consensual workplace relationships legal in Canada?

The short answer is yes. Non-unionized employees in Canada are allowed to participate in consensual workplace relationships.

However, you should review your employer’s policy on relationships in the workplace. In some cases, participating in a consensual workplace relationship could create a conflict of interest or breach company policy.

• Example: Sarah and Jessica are both working towards a promotion. Jessica is currently engaged in a consensual workplace relationship with their boss. When it comes time to promote one of them, Jessica is chosen. Believing that Jessica was only promoted over her because she’s in a relationship with their boss, Sarah might file a human rights complaint — arguing that she experienced discrimination at work.

If you believe that your employer has violated your human rights, contact an experienced employment lawyer at Samfiru Tumarkin LLP immediately.

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Can my employer ban personal workplace relationships?

Yes. Employers in Canada can technically implement a policy that bans any form of romantic relationship in the workplace.

However, taking this approach wouldn’t necessarily stop staff from engaging in consensual workplace relationships. Instead, an employee might keep their relationship with a coworker a secret to avoid losing their job.

If your company does have a policy that requires you to disclose workplace relationships, they should give you an opportunity to come forward without the risk of punishment or termination.

WATCH: Employment lawyer Alex Lucifero joined CTV’s Morning Live to discuss the importance of disclosing workplace relationships and the rights employees have.

Can my employer punish me for engaging in a consensual workplace relationship?

If the relationship interferes with your employer’s business interests, creates a potential risk for the company, or breaches an existing policy, then you could face punishment.

What your employer can’t do if you disclose that you are in a consensual workplace relationship is punish you by making major changes to your job.

In Canada, large modifications such as a demotion, cut in pay, reduction in hours, or negative change to commission are illegal.

When the terms of your employment are significantly changed, the law allows you to resign from your job and seek full severance pay through a constructive dismissal claim.

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• Can your employer make changes to your job in Ontario?
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Can my employer fire me for engaging in a consensual workplace relationship?

Your employer can fire you for engaging in a consensual workplace relationship with a coworker. 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 are not discriminatory

It’s unlikely that your employer would be able to fire you for just cause, which would mean no severance package or access to Employment Insurance (EI) benefits.

To potentially justify this form of dismissal, your company would have to conduct an extensive investigation to determine if the relationship:

• Creates a significant conflict of interest
• Breaches company policy that strictly prohibits romantic workplace relationships
• Substantially interferes with the employer’s business interests
• Has the potential to create severe loss or harm for the company

“For cause” terminations are reserved for the worst kinds of workplace offences, such as theft or insubordination.

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Cavaliere v. Corvex Manufacturing Ltd. et al.

A senior-level management employee was terminated for just cause after engaging in consensual workplace relationships with two subordinates over several years.

The Ontario Supreme Court of Justice stated that managerial employees have an implied and reasonable obligation to ensure subordinates don’t feel harassed or exploited in any way.

Although it was determined both employees consented to the relationship, the court found that since they were subordinate, they were likely vulnerable and a poisoned work environment was created as a result of the relationships.

Lost your job? Speak to an employment lawyer

If you are fired or let go for any reason, or you believe that your human rights have been violated, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Toronto, Ottawa, Calgary, and Vancouver have helped tens of thousands of individuals across Canada resolve their workplace issues.

We can review your situation, enforce your rights, and ensure that you receive the compensation you are owed.