Social Media and Your Workplace: What You Should Know | Employment Law Show TV – S9 E12

Episode Summary

SOCIAL MEDIA IN THE WORKPLACE, offered a new employment contract, misclassified as a contractor and more on Season 9 Episode 12 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 about employment law in Alberta, Ontario, and British Columbia on Canada’s only employment law show on TV and radio.

Episode Notes

Employer revokes company car

I’ve always had a company vehicle at this job, and have been employed for 6 years. My employer has now informed me that they will be revoking the vehicle. I would not have taken this job if a car was not available as it is far from where I live. What can I do?

• Changes made to your job: Employers cannot implement major changes to the terms of employment without an employee’s consent. This can include a demotion, a major reduction in pay, or revoking a company car or car allowance. An imposed change can lead to constructive dismissal.

Terminated without cause by the employer

My daughter-in-law was recently let go from her job, with no cause. She’s 37 years old, has been employed for a couple of years and was an event project coordinator.

• Reason for termination: Employees often mistakenly believe their employers are obligated to provide a reason for termination. Employers may terminate employees for any reason, without cause, if adequate severance pay is offered. Typically, the initial severance offer is inadequate. Terminated employees can and should seek legal advice about their entitlements.
  • Learn more about severance pay
    • Severance in Alberta
    • Severance packages in Ontario
    • Severance entitlements in B.C

Let go due to poor performance

A friend of mine was going through a rough time in her personal life, which seemed to influence her job. After receiving a negative performance letter, she’s worried she might lose her job and isn’t sure what to do.

• Managing employee performance: Employers often provide performance criticism as a step towards an eventual termination for cause. As it is difficult to justify a termination “for cause”, employers must build a case against the employee. Employees who do not feel negative criticism is valid should voice their disapproval in writing.

A new employment contract was offered while on medical leave

I’ve been employed at this company for a long time. A couple of years ago new ownership took over. I was given a new employment contract while on medical leave due to an injury. This contract had terms I didn’t agree with. Is this a constructive dismissal?

• Signing a new contract: Employees should be wary when presented with a new employment agreement. Employees should have a short or informal employment contract. Employment agreements can limit employee entitlements. Employees can choose not to sign a new contract.

Social Media and Your Workplace: What You Should Know

• Posts online impact: Employees should be mindful of the content they post online, regardless of whether or not it is done outside of work hours. All social media posts can affect one’s job. Employees should assume all social media content can be viewed publicly.
  
• Workplace harassment: Workplace harassment online and through social media platforms, Employees who are being harassed online should file a complaint with their appropriate work party.
• Clear policies in the workplace: Employers should have clear written policies and set expectations regarding social media, that are made available to all staff. Employers cannot assume employees know the conduct required to continue working.
• Consequences of conduct: While conduct on social media can lead to a termination, employees will likely still be owed severance pay upon termination. To justify a termination “for cause” an employer must prove an employee has exhibited serious misconduct.

Not given severance as classified as a contractor

I worked in a technical role for a company for five years and was just let go. They considered me a contractor, but they were my main employer – I worked full-time hours, had my own office, and used their computer and phone. I did some side work, but this was my primary job.

• Misclassified employees: Many individuals are often misclassified as independent contractors when they are employees. Individuals who are unsure of their status should consider the level of control they have over their day-to-day clients, equipment and work hours. Dependent contractors are also owed severance pay upon termination.

Pressured to retire early

My husband has worked at the same company for 34 years and was recently told to stay home with pay during an investigation. After little communication for a week, HR called him in and asked about his retirement plans, saying his leadership style no longer fits the company. What should he do?

• Forced resignation or retirement: Employers cannot force or pressure employees to retire or resign. Employees who have been made to resign due to their age can pursue human rights damages as this is discriminatory. Employers are within their rights to investigate complaints however, they must do so in good faith.
  

Employment Laws

• Let go for any reason: Employees can be let go for any reason as long as it is not discriminatory.
• Entitled to severance pay: Employees who have been let go are entitled to severance pay.
• Severance calculations: Severance pay is not based on a specific calculation but is impacted by an employee’s age, position and years of service.
• Reprisals after a harassment complaint is filed: Employees cannot be let go due to filing a harassment complaint. Penalizing an employee would be considered a reprisal.
• Returning from a protected leave: Employees must be permitted to return to their jobs if they have taken a protected leave.

PREVIOUS EPISODE: Employment Law Show S9 E11 – The risks of misclassifying employees as contractors