When a clothing retailer that employed a man who posted negative comments about the death of Amanda Todd found out about his online activities, it didn’t hesitate to take action.
The man was fired from his job at a London, Ont., outlet of Mr. Big and Tall, with the company CEO saying the firm was taking the action it felt was appropriate.
‘It’s a hard question to answer.’—James Heeney
While the company moved quickly, it’s a case that highlights a tricky area where the law and the rapidly changing world of social media cross.
It also prompts the question of just when is it legal to dismiss someone because of something he or she posts online.”It’s a hard question to answer,” says James Heeney, a Toronto employment lawyer with the firm Robinson Heeney LLP. “It often depends on the individual you’re talking about.”
But broadly speaking, there are two paths such “revelation of character” cases can go down, he says.
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