By: Stephanie McDonald and Baljinder (Bal) Singh Tiwana
Social media blurs the line between personal expression and professional responsibility. A post made in seconds can have lasting consequences. Your online activity can spill over to your work life. In Ontario, what you share online, even outside of work hours, can impact your employment. While employers cannot dismiss employees lightly, certain social media activity may justify termination for just cause. Understanding when a post crosses the legal line is essential for protecting your job and your rights.
Just Cause
In Ontario, an employer may dismiss an employee for social media activity, but only in serious situations. If a post amounts to serious misconduct, the employer may argue just cause. Just cause is a very high legal threshold. If proven, the employer may terminate the employment without notice or severance.
An employer may be justified in claiming just cause if a social media post:
- Harms the employer’s reputation or business interests
- Discloses confidential or proprietary information
- Harasses, threatens, or targets coworkers
- Is discriminatory or constitutes hate speech, e.g. speech attacking a protected group or religion
- Creates or contributes to a hostile or toxic workplace
The more inflammatory the post and the stronger its connection to the workplace, the more likely a court will view dismissal as a proportionate response. This applies even if the post was made outside of work hours.
Courts require clear and compelling evidence to support a just cause dismissal.
A breach of a clear workplace social media or conduct policy can also support just cause. Importantly, the post does not need to mention the employer directly. Posts aimed at clients or coworkers, or those that undermine workplace harmony, may be enough.
Context Matters
Courts do not assess social media posts in isolation. They examine the overall context to determine whether dismissal was justified. This contextual analysis often determines the outcome.
The courts commonly consider:
- Connection to the workplace: Posts involving the employer, clients, or coworkers increase the likelihood of just cause
- Severity of the conduct: Threats, harassment, discrimination, hate speech, and confidentiality breaches increase the likelihood of just cause
- Intent: Posts made maliciously or recklessly carry more weight than comments made jokingly or in frustration
- Impact: Courts assess actual or potential harm to the employer’s reputation, business, or workplace environment
- Workplace policies: Clear, well-communicated social media or conduct policies strengthen the employer’s position.
- Employee’s role: Senior, public-facing, or trust-based roles are held to higher standards. For example, teachers are typically held to a higher standard than general labourers.
Don’t Rely on Privacy Settings
Do not assume your posts are private. Privacy settings can change, and others can easily share content. Always assume your post could become public. We highly recommend that you only post what you would be comfortable seeing reproduced in an affidavit and read aloud by a judge in court.
Regulated Professionals and Unionized Workplaces
Employees in regulated professions must also comply with their governing body’s code of conduct. These obligations often apply both on and off duty and often raise the standard of expected behaviour.
In unionized workplaces, discipline and termination are governed by the collective agreement. Arbitrators still apply a contextual analysis.
Conclusion
Social media posts can follow you into the workplace—and in some cases, cost you your job. While not every post will justify dismissal for just cause, serious misconduct with a strong workplace connection can have lasting consequences.
Before you post, pause. Understand your workplace policies. Always assume your content could become public. In employment law, context matters—and it can make or break your case.
If you are facing discipline or termination because of a social media post, do not assume your employer’s decision is final or lawful. Workplace Sage Legal can assess your situation, explain your rights, and help you take informed next steps to protect your livelihood. Book a consultation today.
DISCLAIMER: This article/blog is provided for educational/informational purposes only. The views expressed are solely those of the author(s) and should not be attributed to any other party not listed as the author(s).
While reasonable efforts have been made to ensure the accuracy of the content provided, it does not constitute legal advice. Prior to relying on any aspect of this article, you should consult with a suitably qualified legal professional promptly in your relevant jurisdiction, to obtain advice tailored to your individual circumstances
Nothing in this article should be interpreted as forming a solicitor-client relationship or construed as a solicitation for legal services.
