Michelle McKinnon has been quoted in the article “Legal Risks of Firing Employees Who Refuse to Adopt AI Tools,” published by Human Resources Director (HRD).
Writes Lauren Johnson: “A major US tech company made headlines for firing engineers who refused to adopt AI tools – an approach a Canadian employment law expert does not recommend,” cautioning that “terminating staff for refusing to use AI is far more complex in Canada than the United States.”
Employers need to think about what qualifies for just cause termination when AI use is involved, and whether the adoption of AI goes beyond improving efficiency to changing the essence of someone’s job – which could risk a constructive dismissal case.
Michelle also notes the importance of an AI policy that considers confidentiality and intellectual property.
Says Michelle: “AI is new to all of us. I think it’s a bit of an aggressive approach to proceed to an immediate termination.”