Friday, July 07, 2023

Can/Should You Be Fired If It's Not Illegal?

I go back and forth on this issue:

A teacher (assistant) struggling to make ends meet is fighting to win her job back after she was fired for making OnlyFans content, according to Canadian Broadcasting Corporation.

Kristin MacDonald, 35, was let go after eight years as a teaching assistant in Canada when she received a letter from board officials issuing her termination.

“Your misconduct in this matter is egregious,” the termination letter obtained by the outlet read, including multiple reasons as to why MacDonald would be fired.

MacDonald, who said she earned $1,000 CAD every two weeks, turned to OnlyFans to help support her family and young daughter.

“It’s so far-fetched to me. It seems very petty,” the ex-teacher let out in frustration to CBC.

“I feel strongly that in this day and age, we should be able to do what we want as long as it’s not illegal,” she added. “I’m not hurting anybody.”

On one hand, her behavior isn't illegal, so what's the problem?  I'm reminded of the teacher who was threatened for having pictures of herself with a rifle on her Facebook page (yes, she won that challenge handily).  Are there other legal behaviors, unrelated to school activity, that can get teachers fired?

On the other hand, as a high school teacher I can see problems arising (pun intended) if students have seen their teachers in naked or erotic pictures.  Such pictures or similar videos break down that wall of separation that is required for the smooth running of a class.

What do you think?

6 comments:

  1. Anonymous10:51 AM

    I don't really know anything about Canadian law. But, as a citizen of USA, my thoughts on a similar issue here would be as follows:

    1) If she worked for a private company, I think they should and could fire her for essentially any reason they want, provided it follows the jurisdiction's/federal laws (i.e., not because of any protected classification)

    2) If she worked for a public or governmental organization, I think it's not acceptable to fire her for any behavior outside of work that is not illegal and, especially, if she is not acting as a representative of the company at that time.

    Thought exercise: would a public school teacher who regularly participates in legal KKK rallies or legal BLM protests on the weekends be subject to any penalties? And if so, why?

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  2. Is it JUST teachers? How about police, fire, military, or politicians? All of the above have been fired for nude (or even semi-nude) photos emerging. Is it just erotica that is the issue, or are there other behaviors/activities that could be issues if teachers were publically known to participate? Would it be okay for a teacher to be a member of a motorcycle gang (assuming that no illegal activity takes place)? How about being a member of a nudist club?

    As far as the original question, I'm torn. When do pictures cross from being okay to erotic? Is it the clothing (or lack of) or the pose and setting?

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  3. There are times I agree with you, but I've read many stories of teachers who were fired for legal out-of-work activities.

    I have no doubt a teacher would be fired for attending a KKK rally but not a BLM one. I guess when it comes to racial events, it depends on which one is further from the mainstream.

    When it comes to being naked and then teaching other people's kids, though....

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  4. Anonymous11:02 PM

    Why are teachers, or any public servant, allowed to be fired for legal out-of-work activities?

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  5. Were there no other part-time jobs available? To me, even though it's legal, this teacher isn't exercising good judgement. I suppose selling photos brings more money with less effort than other activities and doesn't eat into prep time for her day job. Still, it only takes one student to get his hands on the photos and start circulating them around school. I can understand the district's concern.

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  6. Anonymous, you and PeggyU nail the two sides of this argument. I don't know if it can be resolved to a degree that "most" people will think, "this is just."

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