CAN YOU BE FIRED FOR WHAT YOU POST? SOCIAL MEDIA AND EMPLOYMENT LAW EXPLAINED
In today’s digital world, social media plays a huge role in how we communicate, share our lives and express our opinions. However, when it comes to the workplace, the line between personal expression and professional conduct can sometimes blur, especially when what you post online causes a stir. So, can you be fired for what you post on social media? This question has been discussed in an ongoing Federal Court of Australia case involving a national broadcaster. The short answer is, yes. But it’s not always black and white.
At Tonkin Drysdale Partners, we have over 65 years of experience helping employees and employers navigate the ever-changing landscape of employment law. We understand that situations involving social media in the workplace can be complex, and the consequences can be serious. Whether you’re concerned about a post you’ve made or if you’re an employer wondering about the risks of social media conduct, it’s essential to understand your rights and obligations.
In many workplaces, the conduct of employees on social media, during or outside of work hours, can have significant implications. The rise of online platforms has made it easier for employees to share personal opinions, sometimes publicly criticising their employers or colleagues, or engaging in behaviour that can negatively impact their workplace.
In some cases, employers may take action against employees for posts that breach company policies or those that may damage the company’s reputation or are deemed inappropriate or unprofessional. This also extends to comments made by an employee but as a commenter on another post. This often ends with a comment debate. Even if a post or comment was made during personal time, if it’s linked to the employer or job role, the employer may argue that it reflects poorly on the business.
What types of social media conduct could lead to termination?
Several types of social media conduct could affect an employee, including:
Unfavourable comments & posts: Negative comments or posts about your employer, workplace or colleagues could be seen as damaging to the reputation of the business. Employers are within their rights to act on these posts, especially if they are publicly accessible.
Workplace harassment: Sharing or endorsing offensive or inappropriate material, including anything that can be classified as harassment or bullying, could lead to serious consequences.
Breach of confidentiality: Posting private company information, trade secrets or confidential client details online can lead to termination for breach of trust or contract.
Conflict of Interest: If an employee’s personal online activity conflicts with the company’s values or interests, employers may have grounds to terminate employment.
While employers have a right to protect their business interests, employees are also entitled to certain protections. The law allows employees to express themselves but sets boundaries when it comes to the type of expression that impacts the workplace.
Social media is a powerful tool for communication, but it also comes with risks when not used thoughtfully, especially in the workplace. Whether you’re an employee unsure of your rights or an employer trying to ensure your workplace remains compliant, seeking professional advice is crucial.
For employers, managing social media conduct is equally important. It’s crucial to implement clear, well-defined workplace policies that set expectations for online conduct. These policies should cover acceptable behaviour both during and after work hours, especially if the employee’s social media activity impacts the company’s reputation or operations.
Tonkin Drysdale Partners offers advice on drafting and reviewing employment contracts and workplace agreements that include appropriate social media clauses. Talk to out Employment Law team today on 02 4341 2355.
