Quick Link to the article: https://www.ctvnews.ca/canada/employee-who-got-6-bbq-sauce-as-holiday-gift-says-he-was-fired-for-angry-tweet-1.4752283

With the world becoming more digital every day, it is not a surprise that employers are now using social media platforms to keep their employees in check. LinkedIn alone, the largest professional social media network, has over 575 million users since its inception in 2002 (Osman, 2020). With that, who is to say employers are not watching their employees with other platforms? The concept of using social media activities as a way to track off-site employee actions is a hotly debated topic today in the workplace policy involving both employees and employers. The main concern brought forward by the former is that it seems to be an invasion of privacy while the latter is concerned with the effects of employee’s social media activities with the overall company’s image. In addition, the provision of severance pay is also an issue being raised. In this particular blog, I will argue that the dismissal due to social media conduct is valid given that three main criteria are to be followed: communication, process, and policies

The primary issue of the article is whether or not the dismissal of Mr. Mehaidli was legal? According to the issue, Mr. Mehaidli’s employer, Fastenal, gave Canadian employees barbeque sauce as a holiday gift. He, then, posted on his social media raising his disappointment with the management. He was dismissed on the grounds of violating “standards of conduct policy – acceptable conduct section” (Slaughter, 2020).

This is one of the many cases of improper social media activities resulting in termination of employment. There are multiple things to consider when determining whether this form of dismissal is legal and just. This type of termination is valid as long as the company’s standard social media conduct policies were communicated clearly, and employees were given proper training and information. In addition, the implications of such a violation should also be transparently communicated. Clarifications can also help in defining what can be deemed as proper social media conduct.

Secondly, employees should be entitled to a due process. One difference between US and Canada employment law is the concept of “at-will” employment. This means that employers are entitled to dismiss a worker at will but a legal justification in Canada is required (Rousse, 2012). This may, perhaps, be the reason why Fastenal, a US-based company terminated Mr. Mehaidli’s employment on the spot. As well, an employee should be given notice when his/her employment is about to get terminated.

Finally, dismissing a worker should also follow standard policies regarding post-dismissal This involves providing a severance package for terminated employees with multiple factors considered including the number of years with the company. According to McCarthy Tétrault, a Canadian law firm, since there is no “at-will” employment policy implemented in Canada, employers need to provide constructive dismissal which can be in the form of a costly severance package (Rousse, 2012).

Judging the case at hand would be difficult without analyzing the other side of the story. This dismissal case, however, can be seen as a petty business decision from the company and can potentially result in a negative public relation. Although employees are not entitled to receive gift bags and goodies, those barbeque sauce gifts certainly diminished workers’ morale. Finally, having served over six years with the company, I believe Mr. Mehaidli is entitled to receive a more constructive post-dismissal which will include a severance package and an ample time to find another employer.

References:

Osman,M. (2020). Mind-Blowing LinkedIn Statistics and Facts (2020). Kinsta. Retrieved on February 05, 2020 from https://kinsta.com/blog/linkedin-statistics/

Rousse, J. (2015). Five Key Differences Between Canadian and U.S. Employment Law. McCarthy Tetrault. Retrieved on on February 05, 2020 from https://www.mccarthy.ca/en/insights/articles/five-key-differences-between-canadian-and-us-employment-law

Slaughter, G. (2020). Employee who got $6 BBQ sauce as holiday gift says he was fired for angry tweet. CTV News. Retrieved on February 05, 2020 from https://www.ctvnews.ca/canada/employee-who-got-6-bbq-sauce-as-holiday-gift-says-he-was-fired-for-angry-tweet-1.4752283