CAN I BE FIRED FOR MY SOCIAL MEDIA PROFILE?
CAN I BE FIRED FOR MY SOCIAL MEDIA PROFILE?
The short answer is. Maybe. If your postings are deemed offensive.
The proliferation of social media and its users only continues to grow. The concept of people flocking to social media to disseminate their views, opinions and criticize is nothing new. This was part and parcel in the early days of the internet as well. However, the permeation of one’s blog was limited. That’s where social media changed everything. Where one’s message can be spread to many and rapidly.
If an employees on-line behaviour is viewed as inappropriate, offensive and there is the potential for harm to the reputation of the business the employer may take action.
PEOPLE FIRED FOR SOCIAL MEDIA
In 2015 Workopolis wrote on the issue citing a number situations where people were fired for their on-line posts.
In 2015 a Toronto teacher was fired for his anti-Muslim social media posts. In 2015 a Liberal candidate bowed out of an election based on her offensive Tweets. In 2017 an airline stewardess was fired for her posts about inappropriate passenger behavior. The stewardess had over a million users subscribed to social media accounts. In 2018 a teacher in Florida was fired for hosting a white national podcast. In January 2018 a Canadian Rail Conductor was fired for posting “racy” photos of herself on social. Journalists have also been disciplined and or fired based on their social media profile.
The list is endless and the phenomenon is growing.
IS IT NOT FREE SPEECH?
Sure, it can likely be classified as free speech. Is this a court battle anyone wants to engage in? Not likely. The private life of an employee is certainly their time. However, without a doubt we also have to recognize that as an employee we are indirectly representatives of our employer. Our conduct may be measured and or judged. If an employer feels that your exercising of free speech is harmful they may take action.
WHAT CAN AN EMPLOYER DO ABOUT SOCIAL MEDIA?
An employer should ensure their employment contract specifically identifies social media and usage. Moreover, that specific clauses warn the employee of their obligations when using social media. Specifically:
- Warning employees about the dangers of social media;
- Notify them that they may be disciplined and or terminated for inappropriate social media usage;
- They be specifically forbidden from discussing company foibles, gossip and confidential information;
- That any interaction or posting of social media content that is deemed to harm the business can be disciplinary.
Separate and apart from the employment contract a prudent employer may want to have a document that only address the issue of social media. Today, many employers are opting for corporate polices . These policies today incorporate internet usage at work and material that is access by employees. As a result, it may be a good idea to also include social media clauses.
On discovery the issue employers should take immediate action to address the issue.
WHAT IS CONSIDERED OFFENSIVE SOCIAL MEDIA CONTENT?
It’s tricky to determine what is considered to be an offensive or inappropriate social media posting? Airing employer grievances at the water cooler or local pub with colleagues, family and friends is a favorite North American pastime. However, all this changed with the emergence of social media. One must be prudent and careful when posting material on-line. Granted this is difficult since the topic of sound judgement can often be considered subjective.
In any event, the onus should be on employers to ensure they have properly instructed their employees on the usage of social media.
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