HR Heartbeat: Evolving terminations clauses, fired for social media posts and...

Welcome to HR Heartbeat, where we take a look at the week’s most pressing HR and employment law stories. With over a decade of experience working within the HR and employment law industry, I give my opinion on current trends impacting your business, as well as my own personal commentary on all things HR and legal.

Are your termination clauses still enforceable?

Recent court rulings have reshaped how termination clauses are interpreted. Language that once seemed standard like “at any time” or “sole discretion” can now be seen as too vague, putting employers at risk.

This shift means clauses considered compliant just months ago may no longer hold up. But there’s no need to panic.

You can still craft enforceable agreements by ensuring your termination clauses:

• Align with employment standards minimums

• Are clear, specific, and leave no room for misunderstanding

• Outline exactly what an employee is entitled to upon dismissal

It’s also important to clearly explain how notice entitlements are calculated. And when it comes to “for cause” terminations, avoid defining “cause” in the contract. Instead, make it clear they won’t get notice if they’re let go for willful misconduct as outlined in employment standards.

Given how quickly the legal landscape evolves, I strongly recommend reviewing your employment agreements regularly. It’s one of the most effective ways to stay compliant and avoid costly legal surprises.

Workplace consequences for social media posts

Social media has become a powerful platform for political expression and with a vast majority of the workforce being active online, there's a big chance your employees may make a politically charged statement online. If that happens, what’s the right course of action for you as the employer?

It's not uncommon for employees and directors to mistakenly believe that their right to free speech shields them from workplace repercussions. But the reality is that private employers can discipline or even terminate employees for social media posts that harm their reputation, violate policies, or disrupt workplace harmony.

Canadian courts have consistently supported employers' rights to act against damaging social media activity, even when posts are made outside work hours. Disciplinary actions are supported especially if the post violates workplace policies or leads to reputational harm for your business.

Remember, try to balance protecting your brand with respecting employees' freedom of expression, and make sure your social media policies are clear and consistently enforced.

Remote work arrangements and constructive dismissals

Many employers have embraced remote work—but be wary of randomly changing your remote employees' working situations.

A recent ruling out of Ontario is a clear example of the risks you could face when changing remote work arrangements without clear communication and agreement from all parties involved.

The court ruled that recalling an employee from a long-standing remote work arrangement to in-person work can amount to constructive dismissal if not properly agreed upon.

In this case, the employee worked remotely from Europe for over a year without a written contract, and the employer never established a clear right to recall her.

So, when the employer demanded the employee return to Canada or resign, the court deemed this an ultimatum that nullified the employment contract, leading to a finding of constructive dismissal.

Here's what I think, every aspect of remote work arrangements must be clearly documented, including any right to recall employees to in-person work. If you do this, it'll minimize liability and ensure any changes to work arrangements don't lead to costly legal disputes.

And that’s a wrap from me. Tune in next time for my take on the latest headlines and employment law stories, helping keep your business ahead!