COVID

What is considered grounds for dismissal post COVID-19?

A headshot of Toronto employment lawyer Lior Samfiru next to the logos for Samfiru Tumarkin LLP and radio station 640 Toronto.

As news of a Californian mother being dismissed from her job while working from home broke, Canadians began to ask what would happen if they were put in a similar situation. Employment lawyer Lior Samfiru joins the host of the John Oakley show to discuss what can be deemed grounds for dismissal post-COVID-19.

  • What are the employers’ and employees’ rights in a situation like that of the mother in California? This seems to be discrimination based on family status and potentially a human rights violation.
  • What should an employer make known is expected from their employee while working at home? There are expectations to be met from an employee however there is still an obligation to accommodate particularly if there is a lack of childcare.
  • Can you be terminated for a familial connection? That is a potential human rights violation unless they can prove her connection was detrimental to the business.
  • Can showing support for controversial figures lead to being considered toxic in the workplace? This could cause tension within the workplace or for potential public critique.
  • If workers voice discomfort with co-workers’ behavior can that be grounds for dismissal? As long as severance is paid to the employee, this should not be an issue.
  • Can partaking in protests be considered grounds for dismissal? Employers always take into account potential backlash as long as severance and compensation are given.

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