Ontario workplaces are feeling the ripple effects of digital life more than ever.
So, can an employee’s conduct online or in person outside of their workplace affect their job security?
The short answer: sometimes.
But also: it depends.
Off-duty conduct: what the law allows
Ontario courts and tribunals have made it clear that off-duty conduct — including online activity — can lead to discipline or dismissal. But it’s not a free pass for employers to monitor or punish all personal opinions.
To justify taking action, there must be a real and measurable connection between what the employee said or did and how it affects the workplace.
The four questions employers should consider:
When faced with an incident, here are four questions that matter:
- Was there damage to reputation or workplace relationships?
Did the conduct undermine trust, create tension among staff, or harm the employer’s image?
- How public was the content?
Was it visible to the public or contained to a private group? - Was the employer named — directly or indirectly?
Even vague identifiers can raise red flags if the connection is obvious. - Was there a breach of internal policy?
Does the conduct conflict with your company’s code of conduct, anti-harassment rules, or digital use guidelines?
Discriminatory remarks, sharing confidential information, or disparaging clients online — even outside of work hours: can be grounds for discipline or just-cause dismissal if they reflect poorly on the employer or create a toxic environment.
Practical advice for employers
To protect your workplace and respond appropriately:
- Create or update your social media and off-duty conduct policies.
Make expectations clear from the outset — include real examples where possible.
- Train your staff.
Help employees understand that online activity can have professional consequences, even outside of working hours. - Respond consistently.
Avoid selective enforcement. When addressing concerns, act fairly, document carefully, and link actions back to legitimate workplace impacts.
The bottom line
The divide between personal and professional life continues to shrink, and with it comes new responsibilities for both employers and employees. If you’re facing a situation involving off-duty conduct or need help shaping a strong, legally sound policy, we’re here to help.
Get in touch with Greenwood Law to discuss how to protect your workplace while respecting individual rights.
