Work: What’s Next | Employees fired for off-duty conduct

Interview Summary

As news of ongoing protests continues across the province and many involved are facing potential terminations and consequences from their employers, questions concerning the off-duty behaviour of employees have arisen. What can employers penalize employees for outside of the workplace and regular work hours? Are employees entitled to severance if fired for partaking or donating to protests?

Lior Samfiru, a Toronto employment lawyer and national co-managing partner at Samfiru Tumarkin LLP joins Global News for Work What’s Next to answer these questions and more.

Interview Notes

Can you be fired if your donation to the ongoing convoys and protests was made public?

An employer cannot terminate an employee for cause if they do not agree with an employee’s off-duty conduct and behaviour. While employers are able to terminate employees without cause for any reason, severance pay must be given upon termination. Termination for cause due to conduct outside of the workplace can only occur when an employer is able to prove an employee’s behaviour has negatively impacted the company.

LEARN MORE
• How much severance should truckers get?
• Fired for donating to trucker protest

Ontario is phasing out its vaccine passport on March 1. Does this change anything for employees?

Employers and employees still have to abide by all measures put in place by public health, such as social distancing, masking, etc. The lifting of vaccine passports will not impact rights in the workplace for the foreseeable future.

Can employees refuse to return to the workplace if they feel unsafe?

Employees might not want to return to the office however if an employer is following proper health guidelines, they do have to return to the workplace. Refusing to return to the workplace can be considered job abandonment and resignation. Employees are within their rights to ask questions regarding what is being done to keep the workplace safe and can refuse a return if protocols are not being followed.

Has the Omicron variant had an impact on the effectiveness of employer vaccine mandates?

The Omicron variant has made it more difficult for employers to justify their own vaccine policies as many public officials have stated that vaccines no longer limit the spread of COVID-19 in the same way. Cases that have been filed for wrongful dismissal as a result of vaccine mandates will potentially be bolstered as a result.