Toronto Employment and Labour Law Blog: Off the Job. Fired Anyway?

I have been recently asked if your employment can be terminated for cause, without notice or severance, because of your off the job behaviour. If you are clearly representing your employer at an employment event or you are participating on behalf of your employer, misconduct on your part at the event may justify termination for cause. If, however, the event has no connection with your employer and you are not identified as representing your employer your behaviour is not a matter that should jeopardize your employment. 

Many employers have policies which deal with these matters, particularly if you are charged or convicted of a criminal offence.  For example, a young man attending a soccer game had too much to drink and made offensive remarks to a reporter covering the game.  It was subsequently discovered that this young man was employed at an accounting firm which terminated his employment for cause.  Once the employer obtained legal advice it became clear that this employee was not associated with his employer while at the game. Although his remarks were clearly inappropriate the employer had no reason to terminate his employment for cause merely because he was subsequently identified by the media as an employee of that particular accounting firm.

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