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By MacLeod Law Firm, May 13, 2013 10:22 am

This is an excerpt from an interview Doug conducted with AdvocateDaily.com

While some believe limiting a person’s right to comment on an employer in their private time amounts to a violation of freedom of expression, one negative Tweet or Facebook post by an employee can tarnish a company’s brand or reputation, says Toronto employment lawyer Doug MacLeod.

A recent Ottawa Citizen article highlights the code of conduct reportedly in place at Statistics Canada, which includes the expectation that employees will refrain from making personal remarks about the organization or the government on social media, even if the comments are made during their personal time. The code of conduct also contains policies relating to dress and personal hygiene, and is similar to codes being established at other federal departments and agencies, according to reports.

“I don’t think an employee should be able to disparage their employer in social media. It is biting the hand that feeds you. Many organizations spend a lot of money building a brand or a good reputation,” says MacLeod.

When it comes to codes of conduct in general, MacLeod says their contents depend on the nature of the organization and the interests it needs to protect – essentially, there is no ‘one-size-fits-all’ code of conduct

“A code of conduct is a generic term and normally includes policies that are important to a particular employer. It can include a dress code, a social media policy, a conflict of interest policy, etc.” says MacLeod. Professional athletes, for example, often have morals clauses in their contracts, while some codes of conduct contain a conflict of interest policy, which MacLeod says is important if an employee can receive ‘gifts’ from customers.

From an employer’s perspective, MacLeod says a code of conduct should explain that a violation of the code can result in discipline up to and including termination.

“The courts will generally decide whether the violation amounts to just cause for termination. In one case, a trial judge found that an employee who accepted $1,000 from a supplier had violated a conflict of interest policy in a code of conduct but concluded that the misconduct did not amount to just cause. On appeal, the Court of Appeal overturned the trial judge and concluded that the employer did have just cause to terminate the employee,” he says.

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By MacLeod Law Firm, September 21, 2012 6:02 pm

Employment Contract – Have You Updated Yours Lately?

Updating Your Employment Contract

We at MacLeod Law Firm believe a well-crafted written employment contract is the best return on your employment law investment.

A written offer of employment that is signed back by the employee is a form of employment contract.

To maximize your return on this investment, we suggest that an employer regularly review and update its employment contract.

Reasons to Update Your Employment Contract

Change in Employment Laws

Changes in employment laws may require changes to your standard contract.

For example, did you know that a contract which states an employee must use or lose his/her vacation pay is contrary to the Employment Standards Act?

Court cases

Recent court cases which interpret contract clauses may necessitate an amendment to your employment contract.

For example, did you know the Ontario Court of Appeal recently concluded that an employee could collect termination pay and salary from a new employer for the same period of time in a case where the termination clause in an employment contract did not provide otherwise?

New Employee Activities that Need to Be Managed

New types of employee activities, like the use of social media in the workplace, may result in the need to add or edit a clause in your standard employment contract.

For example, did you know that studies indicate that employees spend almost two hours of the workday using social media?

Our Employment Contract Seminar

Macleod Law Firm is hosting a complimentary one hour breakfast seminar to discuss employment contracts. We call it the Employment Contract Tune-up.

Our  Toronto seminar will be held at 9:00am on Thursday, October 18th in Suite 5700 of the 1st Canadian Place. Our Barrie seminar will be held at 9:00am on Tuesday, October 16th in the Muskoka Room of the SuiteWorks Business Centre, 92 Caplan Avenue.

To register for this seminar either  visit our website or email us your name, company and preferred date at inquiry@macleodlawfirm.ca 

If you have any employment law questions, please call us at 1–888-640-1728 or email us at inquiry@macleodlawfirm.ca. You can follow us on twitter  or subscribe to our employment law blog  

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By MacLeod Law Firm, May 8, 2012 4:47 pm

Social Media Policy: Our seminar on How to Develop One

We just finished presenting a series of seminars on developing a social media policy in Toronto and Barrie. If you would like to receive a copy of our Power Point presentation, please email us at val@macleodlawfirm.ca

Congratulations to Kim Marshall at Innovation Automation Inc. for winning an Ipad as part of our Client Referral Program

To access two blogs discussing social media policies, click here Social media policies pt. I  and here Social media policies pt. II

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By MacLeod Law Firm, April 26, 2012 6:11 pm

Social Media Policy – Part II

For a number of reasons, employers need to manage the use of social media by employees in the workplace. In this regard, did you know?

1. The Ontario Court of Appeal recently recognized the right to privacy.

2. Reviewing on a job applicant’s Facebook page without his or her consent can result in a complaint under the Ontario Human Rights Code.

3.It is unclear who retains ownership of business-related social media accounts, like an employee’s  business Twitter account

Fun Facts on Social Media 1. Canada is the world’s biggest user of LinkedIn.

2. 85% of people want companies to engage with them via social media.

3. For employees under 35 years of age (Generation Y), more than ½ of their news and purchase influences are received through user-generated ratings and digital word of mouth.

Use of Social Media in the Workplace

There is no denying that social media has permeated the workplace. This is particularly the case with Generation Y employees. In a study of more than 1000 business professionals, employees estimated spending around 4 hours per day managing multiple inboxes, with Gen Y employees spending 1.8 hours a day on social media websites.

Developing a Social Media Policy

We suggest that an employer address these issues and others in a social media policy. The contents of each organization’s policy will depend, among other things, on whether the organization permits access to social media sites on its computer network, whether the business uses social media like Facebook and Twitter to promote its products and/or services, the size of the business, and whether the organization has a website and/or blog.

Five threshold issues to consider are outlined Social Media Policy – Part I .

Our Complimentary Social Media Seminar

We are offering a complimentary breakfast seminars in Toronto and Barrie from May 1st to May 8th to help employers learn more about developing a social media policy. To register for the seminar click here

If you have any questions about managing social media in the workplace, please call us at 1-888-640-1728 or send an email to inquiry@macleodlawfirm.ca.