What to know about social media in the workplace | Employment Law Show TV – S7 E10

Episode Summary

WHAT TO KNOW ABOUT SOCIAL MEDIA AT WORK, fired through email, returning from maternity leave, and more on Season 7 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

Pressure to return to work from disability leave

I’ve been off work for almost 2 years due to a serious medical condition. My insurer believed I could return to work, despite my doctor’s support, and cut off my benefits. My employer now also expects me to return.

• Employment issues and LTD: In many cases, employment and disability issues can overlap. It is important to seek legal advice from a firm that is well-versed in both disability and employment law. Insurance companies often cut claimants off from disability benefits before they are ready to return to work. This can create problems for employees with their employers. Employees and claimants should remember that ultimately only a treating doctor can decide when they are ready to return to work.

Workplace department reduction

My division is being shrunk down and all of the positions are being eliminated. We were told we could apply for a new position or take the severance package offered.

• Severance pay for employees: Employees are owed their full severance entitlements if their jobs are eliminated or companies are sold and they are not offered a new position. Many employees mistakenly calculate the amount of severance they are owed upon termination. Severance pay is based on a number of factors including the age of an employee, their position and years of service.
  • Learn more about Severance pay
    Severance in Alberta
    Severance pay in Ontario
    Severance entitlements in British Columbia

Signing an employment contract

I was fired via email an hour before starting a shift. They gave me no prior notice. Do I have any recourse against my former employer? Can they let you go like that?

• Termination without cause: While the manner of termination an employer implements can be disrespectful and distasteful, there is no specific manner in which an employee has to be terminated. Employees mistakenly believe that a wrongful dismissal occurs due to the reason for the termination or the manner in which it is conducted. Employers are within their rights to terminate an employee for any reason, as long as adequate severance pay is offered.

What you need to know about social media in the workplace

• Privacy and posting online: Employees should always assume that what is posted online can and will be seen publicly. Privacy rights do not generally apply to social media. Employees should also assume that any activity conducted on workplace devices can also be monitored.
  
• Penalized for social media activity: Employees should be wary of spending too much time on social media during regular work hours as they could be accused of time theft. Employees can also be penalized for their behaviour on social media, particularly activity that will reflect negatively on their employer. Employees in public roles should be especially wary of what behaviour can affect the brand of their employer.
• Terminated for cause: A termination for cause is very difficult to prove. Terminations for cause can occur if an employee has exhibited serious and gross misconduct. An employer has to prove there were no alternative measures possible other than termination in order to justify ‘for cause’ terminations. Behaviour on social media may not be enough to terminate an employee for cause.

No job to return to from maternity leave

A week before my wife was to return from maternity leave, her employer informed her that she couldn’t come back to work as her replacement needed the job more than she did.

• Returning from maternity leave: Employers cannot penalize or terminate an employee for taking maternity or parental leave. Employees are entitled to return to the same position they had before taking leave. Employers must try and find a comparable position if in fact an employee’s position no longer exists. Employees that are terminated as a result of maternity or parental leave could be owed additional damages along with severance pay.

A major change in the pay structure

I work for a family company but was threatened that my pay structure would change from salary-based to commission-only. I worked there for over 22 years. Is this legal?

• Constructive dismissal: Employers cannot make significant changes to the terms of employment without the consent of an employee. A major change can be a pay reduction, demotion, change in schedule, etc. Employees do not have to accept the proposed change and treat their employment as a constructive dismissal. Employees in this situation would be owed their full severance entitlements.

Fired due to taking sick days

I work at a retail store and have been sick and unable to work for almost 2 weeks. My employer has implied that, despite the fact I have a doctor’s note, I’m in danger of losing my job. Can I be fired for this?

• Termination due to illness: Employers cannot penalize or terminate an employee as a result of illness or injury. It is vital for employees to have a doctor’s note supporting their sick leave. Employees that feel they have been let go as a result of a medical condition or due to an illness can pursue human rights damages.
• Duty to accommodate: Employers have an obligation to accommodate an employee’s medical condition or illness up until the point of undue hardship.

Starting a new job and signing a contract

I’m about to leave my current job to take a position with a different company. I’ve been with my current employer for over 10 years. Is there anything I should be aware of before I accept this offer?

• Employment contracts: Employees starting a new position should seek legal advice before signing an employment contract. Employment agreements often contain terminology that can restrict an employee’s future severance entitlements. Contracts can also contain language that allows employees to be placed on a layoff or allows their employer to implement major changes to the terms of their position.

NEXT EPISODE: Employment Law Show S7 E11 – Things you should know when you lose your job

PREVIOUS EPISODE: Employment Law Show S7 E09 – 5 Common Employment Law Myths