Executive Summary

Many industries are experiencing a shortage of workers. Employees are hoping this shortage will afford them better hours and the opportunity to work outside of the office. Some employees are using company time and, perhaps, company laptops to apply for new jobs elsewhere. Employees should refrain from doing this as it could lead to severe consequences. Time spent preparing resumes, job applications, and preparing for and attending interviews can be considered time fraud that may result in discipline up to and including termination. Although employees are not restricted from looking for new work on their own time, they owe a duty of loyalty and good faith to their employer, which includes devoting their full time, attention and energy to proper performance of their duties. Some employees also owe a fiduciary responsibility to their employers and must therefore disclose to their employer if they are doing anything that may be contrary to the best interests of the company.

Beginning October 11, 2022, Ontario employment legislation will mandate that employers with 25 or more employees have a written policy in place for electronically monitoring their employees. Our best advice to employees is to search for jobs and to take care of other personal agendas outside of working hours.

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