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

A recent Reddit post by an employee has gone viral, where she revealed her dismissal by a mental health startup for merely liking a LinkedIn post that criticised toxic workplaces. She voiced her own frustration, explaining that the post resonated with her on a personal level. However, the company's CEO viewed her action as detrimental to the organization’s reputation, ultimately leading to her termination. With companies becoming increasingly conscious of their digital image, employers have started keeping an eye on their employees' social media activities, using legal frameworks to make decisions about hiring and firing. Here, we explore how inappropriate social media usage can cost you a job, with an emphasis on international laws governing employer and employee rights.

Inappropriate Content and Offensive RemarksOne of the most common ways social media can negatively impact your job is through the posting of inappropriate content, such as offensive remarks, hate speech, or discriminatory comments. While freedom of expression is a fundamental right in many countries, it is not absolute. Employers have the right to maintain a positive and inclusive work environment, and inappropriate online behavior can violate company policies or ethical standards.

Through the prism of law

Various laws have been implemented for preventing offensive and inappropriate content to float on social media platforms and also protect netizens’ freedom of speech. Here are some laws practised in the US, EU and India around social media behaviour.

• United States: The First Amendment protects freedom of speech, but it does not shield employees from the consequences of their social media posts. Private employers are not bound by this protection and can dismiss employees for online behavior that reflects poorly on the company.
  

• European Union: Under the European Convention on Human Rights, individuals have the right to free expression, but this right is subject to restrictions when it conflicts with others' rights or company interests. Courts have upheld employers’ rights to terminate employees who engage in hate speech or discriminatory behavior online.
  

• India: In India, there is no specific law regulating social media activity in the workplace. However, employers may terminate employees if their posts violate company policies, the Information Technology Act of 2000, or the Indian Penal Code (IPC), which prohibits hate speech and defamation.
  

Breaching Confidentiality and Company PoliciesSharing confidential company information on social media can be a serious breach of trust, often leading to immediate termination. Many employees, knowingly or unknowingly, disclose sensitive information about the company’s operations, client details, or business strategies. This is not only unprofessional but can also result in legal action, particularly if a non-disclosure agreement (NDA) has been signed.

Through the prism of law

There are numerous laws and regulations for safeguarding the confidentiality of data and trade secrets.

• United States: The Defend Trade Secrets Act allows employers to sue employees for revealing confidential information online, especially if an NDA is in place.
  
  
• European Union: The General Data Protection Regulation (GDPR) ensures that employees who disclose personal data or trade secrets can face penalties, including termination.
  

• India: Under the Indian Contract Act, Non-Disclosure Agreements (NDAs) are enforceable, and breaches can lead to both termination and legal action.
  

Negative Comments About EmployersWhile airing grievances or venting about the workplace on social media might seem harmless, it can seriously jeopardize your job. Posting negative comments about your employer or co-workers can lead to dismissal, especially if such posts go viral and harm the company’s reputation.

Through the prism of law

In India and globally, there are some major laws that protect employers from negative remarks and have stated penalties for employees attempting to defame or circulate negative comments about their workplaces.

• United Kingdom: Employers can terminate employees for defamation or negative remarks that harm the company's public image. UK courts often uphold such dismissals, especially when the employee's social media activity damages business relations.
  

• Australia: Australian courts have ruled that negative social media posts about employers can constitute misconduct, justifying termination.
  

• India: In India, defamation is punishable under the IPC. If an employee’s social media post is found to be defamatory, employers can take legal action and dismiss the employee.
  

Posting During Work HoursUsing social media excessively during work hours can signal to employers that you're not focussed on your job. While some companies have relaxed social media policies, many monitor employees’ online activity and can take action if they feel that productivity is being hampered.

Through the prism of law

Using social media during work hours can land employees in trouble. Check some of the laws in India and abroad on limiting employees to posting during work hours.

• United States: Employers can legally monitor company-owned devices and terminate employees for excessive social media use during work hours.
  

• European Union: While the GDPR requires employers to respect employee privacy, they can still monitor online activity if it breaches company policy or affects productivity.
  

• India: In India, companies can include clauses in employment contracts limiting personal social media usage during work hours. Violations can result in termination.
  

Unprofessional or Inappropriate ImagesPosting unprofessional or inappropriate images whether related to drug use, partying, or other activities can reflect poorly on your character and lead to job loss. 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 law

Employees must not use unprofessional images that negatively influence the company’s reputation. Take a look at 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 terminate employees for inappropriate online behavior that tarnishes their image or violates company policies.
  

• European Union: Although privacy is protected, if an image is public and unprofessional, employers can act to protect the company's reputation.
  

• India: In India, while the legal framework doesn’t specifically govern such behavior, most employment contracts include moral clauses. Posting inappropriate images may be seen as a violation, leading to termination.
  

Legal Considerations for Employers and Employees
Law covers both the employees and employers preventing them from exerting undue pressure or misusing their rights. These laws reinstate the employers and employees to comply with their fundamental responsibilities in the workplace.

Employee Rights: Employees do have some legal protections regarding their social media usage. In many countries, privacy laws protect employees from overly intrusive monitoring, and labor laws offer safeguards against wrongful dismissal. However, employees should familiarize themselves with company policies and local laws to avoid crossing boundaries.

Employer Rights: Employers are legally entitled to protect their reputation, workplace environment, and trade secrets. In most countries, they have the right to dismiss 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 actions comply with privacy laws and labor regulations.