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Employee fired for liking a LinkedIn post: How social media activity can cost you your job, legal perspectives and more

Employee fired for liking a LinkedIn post: How social media activity can cost you your job, legal perspectives and more

A recent Reddit post by an employee has gone viral. In it, she revealed that she was fired from a mental health startup simply for liking a LinkedIn post criticizing toxic workplaces. She voiced her own frustration, explaining that the post touched her on a personal level. However, the company's CEO viewed her actions as damaging to the company's reputation, which ultimately led to her termination. As companies become more conscious of their digital image, employers have started keeping an eye on their employees' social media activity and using legal frameworks to make hiring and firing decisions. Here, we explore how inappropriate social media use can cost you your job, with a focus on international laws governing the rights of employers and employees.

Inappropriate content and offensive remarks

One of the most common ways social media can negatively impact your job is posting inappropriate content, such as offensive remarks, hate speech, or discriminatory comments. Although freedom of speech is a fundamental right in many countries, it is not absolute. Employers have the right to create a positive and inclusive work environment, and inappropriate online behavior may violate company policies or ethical standards.
Through the prism of the law
Various laws have been introduced to prevent offensive and inappropriate content from circulating on social media platforms and to protect the freedom of expression of internet users. Here are some laws regarding social media conduct in force in the US, EU and India.

  • United States: The First Amendment protects free speech, but it does not protect workers from the consequences of their social media posts. Private employers are not bound by these protections and can fire workers for online behavior that reflects poorly on the company.
  • European Union: Under the European Convention on Human Rights, individuals have the right to freedom of expression. However, this right is subject to restrictions when it conflicts with the rights of others or the interests of businesses. Courts have upheld the right of employers to fire employees who express hate speech or discriminatory behavior online.
  • India: In India, there is no specific law regulating social media activity in the workplace, but employers can fire employees if their posts violate company policies, the Information Technology Act, 2000, or the Indian Penal Code (IPC), which prohibits hate speech and defamation.

Violation of confidentiality and company policies

Sharing confidential company information on social media can be a serious breach of trust and often result in immediate termination. Many employees knowingly or unknowingly disclose confidential information about the company's operations, customer data, or business strategies. Not only is this unprofessional, but it can also result in legal action, especially if a non-disclosure agreement (NDA) has been signed.
Through the prism of the law
There are numerous laws and regulations to protect the confidentiality of data and trade secrets.

  • United States: The Defend Trade Secrets Act allows employers to sue employees if they disclose confidential information online, especially if a nondisclosure agreement is in place.
  • European Union: The General Data Protection Regulation (GDPR) ensures that employees who disclose personal data or trade secrets face penalties, including dismissal.
  • India: Under the Indian Contract Act, non-disclosure agreements (NDAs) are enforceable and violations can result in termination as well as legal action.

Negative comments about employers

While it may seem harmless to voice workplace complaints or anger on social media, doing so can seriously jeopardize your job. Posting negative comments about your employer or coworkers can lead to dismissal, especially if such posts go viral and damage the company's reputation.
Through the prism of the law
There are some important laws in India and across the world that protect employers from negative comments and provide penalties for employees who try to defame their workplace or spread negative comments about it.

  • United Kingdom: Employers can fire employees for defamation or negative comments that damage the company's public image. UK courts often uphold such dismissals, particularly when the employee's social media activity damages business relationships.
  • Australia: Australian courts have ruled that negative social media posts about employers can constitute misconduct justifying dismissal.
  • India: In India, defamation is a criminal offence under the IPC. If an employee's social media post is deemed defamatory, employers can take legal action and fire the employee.

Posting during working hours

Excessive social media use during work hours can signal to employers that you are not focused on your work. While some companies are more relaxed with their social media policies, many monitor their employees' online activity and may take action if they feel productivity is being impacted.
Through the prism of the law
Using social media during work hours can cause problems for employees. Be aware of laws in India and abroad that restrict employees from posting during work hours.

  • United States: Employers are legally allowed to monitor company-owned devices and fire employees if they use social media excessively during work hours.
  • European Union: Although the GDPR requires employers to respect the privacy of their employees, they can still monitor online activity if it violates company policies or impacts productivity.
  • India: In India, companies can include clauses in employment contracts restricting personal use of social media during working hours. Violations can lead to termination.

Unprofessional or inappropriate images

Posting unprofessional or inappropriate images, whether related to drug use, partying, or other activities, can reflect poorly on your character and result in loss of your job. Employers may view such behavior as a risk to the company's image, especially if clients or customers see the content.
Through the prism of the law
Employees must not use unprofessional images that negatively reflect the company's reputation. Check out the laws in India and abroad that prohibit employees from posting inappropriate images on social media.

  • United States and Canada: Employers have the right to fire employees for inappropriate online behavior that damages their image or violates company policies.
  • European Union: Although privacy is protected, employers can take steps to protect the company's reputation when an image is public and unprofessional.
  • India: Although there is no explicit law against such behavior in India, most employment contracts contain moral clauses. Posting inappropriate pictures can be considered a violation and lead to termination.

Legal aspects for employers and employees

The law protects both employees and employers, preventing them from exerting undue pressure or abusing their rights. These laws enable employers and employees to fulfil their basic duties in the workplace.
Employee rights: Employees enjoy some legal protections regarding their social media use. In many countries, data protection laws protect employees from excessive surveillance and employment laws provide protection against unfair dismissal. However, employees should familiarize themselves with company policies and local laws to avoid crossing boundaries.
Employer rights: Employers have the right to protect their reputation, work environment and trade secrets. In most countries, they have the right to fire employees whose social media activity violates company policies, breaches confidentiality or creates a toxic work environment. However, employers must ensure that their social media monitoring and activity complies with data protection laws and employment regulations.

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