Social Media in the Workplace | Employment Law Show TV – S4 E10

Episode Summary

SOCIAL MEDIA IN THE WORKPLACE, tampering with a work-from-home arrangement, and more on Season 4 Episode 10 of the Employment Law Show with employment lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP.

Watch above to discover your workplace rights and learn everything you need to know about employment law in Ontario, British Columbia, and Alberta, on the only employment law show on both TV and radio in Canada.

Episode Notes

Employee mistake led to termination for cause

My husband was let go without severance pay. He refuses to call an employment lawyer. He made a mistake on a large project and believes that the company was justified in terminating his employment. Did his employer have a right to fire him? Was his mistake bad enough to lead to a termination for cause?

Lior explains how a mistake or project failure does not automatically result in a termination for cause, also known as a dismissal without severance pay. In order for a “for cause” termination to be valid, an employee’s conduct must rise to the level of serious misconduct. This is why most dismissals for cause are not legitimate, meaning that a severance package is still owed to the employee. Contact a wrongful dismissal lawyer to secure a fair amount of severance pay.

Segment starts at 1:40

CALL: Employee cut off long-term disability

My brother has been on long-term disability for two years after suffering a bad accident. Last week his LTD claim was cut off by the insurance company, even though he is still not ready to return to work. Now his employer says they don’t have a job for him anymore. He has worked at an insurance company for 11 years and earns $125,000 per year.

Lior explains why insurance companies often deny long-term disability claims. A long-term disability lawyer can fight on behalf of individuals to get the compensation they are owed when their LTD payments are cut off.

An employer cannot fire an employee because of an injury, or because they are off on a disability leave. A termination in those cases may constitute a human rights violation.

Segment starts at 4:33

Employee faces changes to terms of employment

When I started with the company 3 years ago, I had negotiated a workweek that included 3 days in the downtown office and 2 days working from home. I have just learned that my employer is planning on ending that agreement. Do I have to accept this change?

An employer generally does not have the right to make changes to the terms of your employment. If you accept a job on the condition that you can work from home certain days of the week, your employer cannot change that arrangement without your permission. If your employer does end your work-from-home agreement, you can treat your employment as being terminated. Contact our constructive dismissal lawyers in order to secure your full severance pay.

Segment starts at 7:09

Social Media in the Workplace

1️⃣ Are the things you post on social media private? Is there such a thing as a right to privacy?

When it comes to the workplace, if you’re using a work computer or phone, there cannot be an expectation of privacy. Employers do have the ability to monitor what you do, so you should always assume that things you do on a work computer can be viewed by your employer. Employers can monitor their employees’ social media use without informing them. Some employers may think you’re spending too much time on social media if you’re using it in the workplace. If you don’t want them to see what you are posting, don’t use your work computer for social media.

Segment starts at 12:04

2️⃣ What if an employee harasses or bullies another employee through social media?

An employer has an obligation to protect employees from being harassed and mistreated. That also applies to social media. If employees are being bullied or harassed by coworkers through social media, the company has to deal with it. This is true even if it occurs after work hours. If you’re being harassed and bullied on social media, make sure your employer is aware of it, and that they have the opportunity to do something about it. If they don’t, it could be a human rights violation and a constructive dismissal.

Segment starts at 13:20

3️⃣ If an employer wants to discipline an employee for spending too much time on social media at work, how should the employer go about doing that?

Excessive use of social media is not appropriate in the workplace. If the employer gets the idea that the employee is spending too much time on social media, the employer may discipline the employee. The employer needs to have policies in place about what is allowed and what is not allowed with respect to social media. They need to make sure employees know about the policies, have read and understood them, and have them sign something that indicates the employee understands the policy. If an employee breaches the policy, the employer may have to discipline them. It could start with a series of warnings, and could escalate to a suspension, and only then could you consider a termination for cause.

Segment starts at 14:41

4️⃣ Can you get into trouble if you say bad things about your boss on your personal social media account?

You can absolutely get into trouble for saying bad things about your boss on your personal social media account. An employee could also be disciplined for making negative comments about their employer on social media. Don’t take the risk, because there is no such thing as total privacy online.

Segment starts at 16:13

5️⃣ I have been fired because of my use of social media. What should I do?

Just because an employee is spending too much time on social media at work does not mean that they deserve to be terminated for cause. Termination for cause is only reserved for the worst kinds of workplace offenses.  Most terminations for cause do not hold up to scrutiny, and this means you may still be owed severance pay. If you were terminated for cause for using social media, you should reach out to my team and we will review your situation before you accept your employer’s reason for termination.

Learn more about social media in the workplace.

Segment starts at 17:24

CALL: Independent contractor vs. Employee

As a contractor, I am responsible for paying my own income tax, but I depend on one company for employment. I don’t use my own tools and they determine what my hours are. What happens if they cut my contract down or let me go?

It is common for employees to be incorrectly labeled as independent contractors. While some employers do so innocently, others misclassify their employees to avoid certain responsibilities, including their duty to pay severance at the end of the employment relationship. Lior explains how to identify an independent contractor vs. an employee.

Segment starts at 18:34

CALL: Severance pay for long-service employee

A friend of mine was fired by her employer after working 32 years at the same company. She is 60 years old and made $45,000 per year. She was given 8 months of severance pay. Was she owed more severance pay?

Lior explains how to calculate severance pay in a dismissal without cause.

Segment starts at 22:50

Unjust dismissals and rights for employees

What is an unjust dismissal? I work in a federally regulated industry and have heard this term tossed around by coworkers.

Lior explains what an unjust dismissal is in a federally regulated workplace and your rights in this situation.

Segment starts at 24:22

Fair severance packages for employees

What makes a severance package fair? How do I know if I’ve been offered a fair severance package?

Lior walks through the factors that combine to create a proper severance package. For severance pay in B.C. and severance pay in Ontario, use the Severance Pay Calculator to find out how much you may be owed upon termination.

Segment starts at 26:22

Next Episode: Employment Law Show S4 E11 – What Employers Should Never Do

Previous Episode: Employment Law Show S4 E9 – What Employees Should Never Do