Many people assume that what they do outside of work is private and irrelevant to their employment. However, in Ontario—and across Canada—off-duty conduct can, in some cases, justify termination.
This issue gained public attention during the controversy surrounding former CBC host Jian Ghomeshi. While the Ghomeshi matter involved multiple complex elements, it sparked widespread discussion about whether and when an employer can dismiss an employee based on conduct that occurs outside of work hours.
Off-Duty Conduct: When Does It Matter?
In general, employers cannot control what employees do in their personal lives. However, off-duty conduct becomes relevant when it:
- Harms the employer’s reputation or brand;
- Interferes with the employee’s ability to do their job;
- Affects relationships in the workplace (e.g., with coworkers or clients);
- Contravenes the values or mission of the organization—especially if the employee is in a high-profile or public-facing role.
The more senior or public-facing the employee, the greater the expectation that their conduct reflects the employer’s standards—even off the clock.
Fiduciary Duty and Reputational Harm
Some employees—especially those in management or public-facing roles—owe a fiduciary duty to their employer. This means they are expected to act in the best interest of the organization and avoid any conduct that could undermine trust or damage reputation.
If an employee’s off-duty behaviour is found to breach that duty, it may provide grounds for discipline or termination for cause—even if the conduct occurred entirely outside of work.
Case Law Examples
Ontario courts and tribunals have confirmed that off-duty misconduct can justify dismissal, depending on the nature of the conduct and its impact on the workplace. Examples include:
- Fraud or criminal activity (even if charges are not related to work);
- Possession or distribution of child pornography;
- Inappropriate relationships that create conflict or liability for the employer;
- Racist, sexist, or discriminatory statements made on social media or in public forums.
In all these cases, the key question is whether the conduct damaged the employment relationship or the employer’s ability to operate its business effectively.
Human Rights Considerations
That said, not all off-duty conduct justifies termination. Employers must ensure that the reason for dismissal is not discriminatory or in violation of Ontario’s Human Rights Code.
For example:
- Termination based on an employee’s sexual orientation, gender identity, religion, or political beliefs (when expressed lawfully) may be unlawful.
- Employers must distinguish between reputational harm and personal disagreement with an employee’s lifestyle or beliefs.
Bottom Line
Yes—you can be fired for off-duty conduct. But the standard is high. There must be a clear and demonstrable connection between the conduct and the employment relationship. Employers should proceed cautiously, and employees should understand their rights if terminated for something that happened outside of work.
We Can Help
Whether you are:
- An employee who has been dismissed for off-duty conduct, or
- An employer unsure how to handle a situation involving an employee’s behaviour outside the workplace,
the lawyers at Singh Lamarche LLP can guide you. We provide clear, strategic legal advice on termination issues and employee conduct.
Contact us today for a consultation.
