Quick guide to social media in the workplace | Employment Law Show TV – S8 E02

Episode Summary

QUICK GUIDE TO SOCIAL MEDIA IN THE WORKPLACE, termination clauses, extending maternity leave, and more on Season 8 Episode 02 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 and British Columbia, on the only employment law show on both TV and radio in Canada.

Episode Notes

Employee seniority and severance pay

I worked for my employer for over seven years. I asked to be considered for a different role in the company. I was told to resign from my previous position before I accepted the new job. I was eventually let go from this new job and told I was only a year-long employee. What can I do?

• Calculating severance and years of service: Employees are owed severance based on a number of factors, including the years of service at a company. Seniority does not revert to zero for an employee if there have been no gaps in employment.

Forfeiting rights to severance pay

I was let go almost a week ago after four years as a middle manager in an Admissions Department. I have up until tomorrow to accept and sign the two-week severance offer. If I don’t respond, do I forfeit my rights to severance?

• Severance packages for terminated employees: Employers often implement deadlines in order to pressure employees to accept an initial offer of severance. Employees have up to two years after the date of termination to pursue their entitlements. Before agreeing to a severance offer, terminated employees should seek legal advice from an employment lawyer.
  • Learn more about Severance Pay
    Severance in B.C
    Severance pay in Ontario
    Severance packages in Alberta

Signing a contract with a termination clause

I signed an employment contract with a clause about my eventual termination. The clause stated if terminated, I would only be entitled to severance under the Employment Standards Act. Am I still able to negotiate for more?

• Employment contracts and clauses: Employees should be wary of signing an employment contract before speaking to an employment lawyer. Employment contracts often contain terminology that will restrict an employee’s severance entitlements, among other employment rights. In many cases, termination clauses are not enforceable and employees would still be owed their full severance pay.

Employee terminated due to illness or injury

I worked for a large corporation for over 26 years in a senior management position. During an inspection, I slipped and injured myself. I had to take some time to recover. Upon my return to work, I was terminated almost immediately.

• Penalized for taking sick leave: Terminating or penalizing an employee for taking a leave of absence due to injury or illness is illegal. Employers could face additional legal consequences in addition to owing full severance pay.
• Accommodating a workplace injury: Employers are obligated to accommodate an employee’s medical condition or injury up until the point of undue hardship. A failure to do so can be considered a human rights violation.

A quick guide to social media in the workplace

• Assume that what is posted online can and will be seen: All employees should automatically assume that the content they post online will be seen by the general public, despite privacy settings. Employees should never post anything they do not wish their employer or colleagues to see.
  
• Employers should have a policy in place: Employers should have a policy in place regarding social media and employee conduct. This policy should be readily accessible to all members of staff. Policies must be communicated to employees and reinforced by employers consistently.
• A right to be protected from harassment and bullying: Employers must ensure employees are protected from bullying and harassment in the workplace. This protection applies to conduct exhibited online and on social media.
• Penalized for behaviour on social media: Employees can be disciplined by their employer as a result of online conduct if the behaviour reflects badly on the company. Disciplinary action can include termination.
• Trigger a termination for cause: Employees can be penalized for their online conduct however they cannot be terminated for cause. It is very difficult to terminate an employee for cause. Employers would have to prove that employees are completely unemployable and that the misconduct was severe.

Refused maternity leave extension

I have been on mat leave for nearly a year and am considering taking another six months off. After informing my manager, I was told this wasn’t possible. They may have to let me go in favour of the replacement. Is that legal?

• Maternity and parental leave: Employers are not permitted to terminate an employee for taking parental leave or announcing a pregnancy. Employees can take job-protected leave for up to 18 months. Employers that penalize employees for taking the full amount of time they are permitted have potentially committed a human rights violation.

Sharing medical information with an employer

I am currently on sick leave due to a mental health issue. My employer is asking me to share my medical information for an eventual return to work and accommodations. Are they permitted to ask for this?

• Sick leave and rights to privacy: Employers are within their rights to ask employees whether or not they are able to work when they would be returning to work, and if there are any accommodations necessary. Employees do not have to share a medical condition with their employers. Employers cannot pressure a treating doctor to provide information regarding prescribed treatment, diagnosis, etc.

What can an employee do… questions?

• Forced to resign or retire: A resignation must be completely voluntary. An employee who is pressured to resign or retire has been terminated by their employer.
• Employee demotions: In most cases, employees cannot be demoted. A demotion can lead to a constructive dismissal as it can often be seen as a major change to the terms of employment.
• Demanding a bonus or raise: Employees are within their rights to ask for a bonus or raise, however, employers are not legally obligated to fulfill this request. Employers are expected to uphold the terms outlined in an employment contract which could determine annual bonuses, raises, etc.
• Signing a new contract: Employees do not have to sign a new employment contract and cannot be penalized or terminated for refusing to do so. Employers typically ask employees to sign a new contract in order to protect their own interests.
• Disciplined due to performance issues: An employee can be disciplined due to performance reasons. It is extremely difficult to terminate an employee for cause as a result of performance issues.

NEXT EPISODE: Employment Law Show S8 E03 – Fact or Fiction: Termination for Cause

PREVIOUS EPISODE: Employment Law Show S8 E01 – What you should know about workplace investigations