should employers be able to fire workers based on what they post on social media? why or why not?

The COVID-xix pandemic has changed life equally we know it. With people spending more time at home and at their computers, the line between piece of work and social life is blurring even more. People are posting more on online social media platforms as they try to connect with and limited their frustrations to colleagues, friends and family.

Social isolation has become the new normal and it is still of import to remember that the comments you lot post on social media, can warrant discipline, and could even get you terminated from your task. The blending of on and off duty carry could raise some unique workplace issues.

How tin social media posts warrant discipline or termination?

The police force regarding an employer's response to off duty employment conduct has evolved every bit social media has connected employers and employees outside of regular business hours. You never know who is watching what yous post online. As such, an employee tin be reprimanded for online comments posted on Twitter, Facebook, Instagram or other social media sites that are misogynistic, offensive, solicit illegal drugs or services, harass, bully or verbally assault colleagues, customers and even other people outside of the company.

Typically, to warrant discipline for actions taken exterior of working hours, the conduct must do one of the following:

• detrimentally impact the employer'due south legitimate concern interests;
• detrimentally affect the employer's reputation;
• cause the employee to exist unable to properly discharge their employment duties;
• pb other employees to pass up to work with the employee; or
• significantly impede the employer from conducting its regular business concern practices.

Further, the conduct has to have a real and textile connection to the workplace. If an employee engages in 'bad' conduct in their personal life, the conduct has to somehow damage the employer's business.

In the context of social media posts, examples of where existent and material connections take been found to exist include:

• employee's social media posts, upsetting other employees which led to disruptions at the workplace and conflict between employees;
• employees identifying their workplace, co-workers or managers (or individual clients) in their social media posts; or
• employees making disparaging Facebook, Twitter or Instagram posts about the employer's clients.

This emphasizes that although some acquit on its face up is not desirable, it still must accept sufficient connectedness to the employer's business organisation to warrant subject or harm its reputation sufficiently.

Reputational harm is also a significant factor when assessing whether off duty conduct warrants discipline. If an employee makes public social media posts that could be linked to their employer and inflict reputational damage, depending on the severity of the conduct, that can warrant discipline.

Off duty workplace policies during the COVID-xix pandemic

Workplace policies and what they say about off duty acquit may also influence whether or not an employee's undesirable behaviour amounts to but cause for termination. For case, accessing social media on visitor property similar computers or cells phone while working at dwelling may blur the line betwixt what is done 'on duty' and what is done 'off duty'.

Information technology is important to regularly review your workplace policy with employees and outline the expectations apropos social media use. Updating that policy in light of the COVID-19 pandemic may aid curb the undesirable behaviour and assist provide grounds for termination should a situation arise.

Virtual workplace investigations for social media posts

Workplace investigations can exist triggered when an employee makes a complaint regarding sexual harassment, workplace violence, illegal activities or discrimination at the workplace, all of which can be done on social media platforms. So how can employers conduct workplace investigations into such behaviour and discipline or finish the employee if misconduct is found to have occurred during the COVID-19 pandemic?

With technological advancements, video communications such as ZOOM or Skype create an opportunity to allow for virtual investigations. Additionally, the investigator yet has an opportunity to encounter the witness and brand credibility assessments. The COVID-19 pandemic should not exist a reason to filibuster these of import procedures.

As numerous employees now work remotely, information technology would exist adept practise to ask those interviewed to motion to different rooms in their dwellings to ensure that privacy is protected during the investigation procedure. Please see our commodity on Managing and Conducting Workplace Investigations During the COVID-nineteen Pandemic.

Takeaways for Employers and Employees

As an employee, yous should always be mindful of what y'all postal service. Although the COIVD-19 pandemic is proving to be a stressful fourth dimension for anybody, venting, expressing your views and communicating with your peers, coworkers and friends on social media platforms, things you deem equally individual, are no longer private for very long.

While employers cannot discipline employees in every example where they think at that place may be a chance of bad publicity or a negative impact on their make, employees must understand that their off duty carry online may warrant discipline. Modern technology allows employers to deport remote workplace investigations. Therefore, employees must take extra care and caution earlier they decide to post to social media because information technology could cost you your job.

Monkhouse Law is an Employment Police house in Toronto. If you lot are in a difficult state of affairs due to something y'all did online, we offering a gratuitous 30 minute phone consultation.

Call united states of america for a FREE thirty minute telephone consultation at 416-907-9249 or submit a callback asking

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Employment Lawyers at Monkhouse Law specialize in Employment Police, Human Rights Law, and Disability Insurance Law. We serve employees, contained contractors and employers, and strive to become optimal results for every client through skilled advocacy and research on each thing. We have successfully represented clients earlier all levels of court in Ontario, including the Superior Court, the Divisional Appeals Court, and the Court of Appeal too as the Supreme Court of Canada.

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