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Can You Get Fired For Texting At Work In B.C.? Yes, and No.

Fired For Texting BC

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Have you ever spent time on your phone while you’re on the clock?

The consequences for doing so vary from job to job and circumstance to circumstance, but as one B.C. woman has learned, it might not always be as simple as getting a talking-to from your boss.

Case In Point

The woman was fired from her job at a dental office in the small town of Lumby, in the North Okanagan region of British Columbia.

Her employer, according to CBC, “argued that she had established cause to fire her employee […] primarily for texting during a meeting after several years of what [she] identified as problematic texting during work hours.”

Related:

According to the official determination by the Employment Standards Tribunal in July 2019, the employer was on the record as citing six reasons that formed the basis for firing her employee. Of the six, three were related to smartphone use at work.

The case ultimately rested on whether or not texting at work was considered “just cause.” The Director of Employment Standards ultimately found that the employer had failed to establish just cause, awarding the employee with the compensation for length of service (severance pay) she was due, which amounted to $5,164.

The employer appealed the decision, but the initial decision was upheld.

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B.C. Employment Law

Under the B.C. Employment Standards Act, you’re entitled to compensation for length of service upon your firing, if you’ve completed at least three consecutive months of employment.

The exception is if you’re fired for just cause. The exact definition of “just cause” varies on a case-by-case basis. However, in general, it includes but is not limited to:

  • wilful misconduct;
  • gross incompetence;
  • theft;
  • fraud;
  • conflict of interest;
  • serious undermining of the corporate culture;
  • serious breach of employer rules and policies;
  • failure to respond appropriately to corrective discipline.

Minor misconduct, such as “ poor performance, low productivity, absenteeism or tardiness”, can be considered just cause in some cases, but the burden of proof on the employer is much higher.

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Texting At Work

So, can you be fired for texting at work?

Technically, no, you probably can’t, based on the Employment Standards Act.

In reality, however, the answer is yes, you can. There’s a good chance you’ll get severance pay if you do, but note that the employee in this case was not given her job back.

Keep that in mind, especially if you’re reading this at work.

For more B.C. news, check out our News section

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