Legal Question in Employment Law in Canada

Wrongful Dismissal
Can an employee be fired with ''just cause'' for just receiving or forwarding ''unappropriate'' email at work through their work email, without any warning or given a severance pay.

Employee in question has worked for the company for 3 years and have received, not a lot, but over the years jokes and cartoons from friends and colleagues. They are either forwarded to friends or deleted right away. Other people at work has also received similar from others but were not fired in this manner. Would this or could this be interpreted as wrongful dismissal? The employee in question was never given any warning of this in the past.

Also, would it make a difference if ''rules of conduct'' that employees must have supposably read and signed, mentions use of email, be held to justify firing for just cause?

Asked on 4/23/03, 3:59 am

David Harris

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0 attorneys agreed

Re: Wrongful Dismissal

I doubt it very much. I note you are in California. You should make enquiries to a lawyer local to your area.

David

Answered on 4/23/03, 9:20 am

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