When it comes to sharing our thoughts on social media, many of us think that there is an unlimited right to say whatever we want. But a recent trend of “being fired for social media posts” has proven that what was said online can possibly come back to haunt our lives. In this article, a Canadian employee was fired from a job he held for six years because of an angry rant on Twitter about receiving a $6 bottle of barbecue sauce as a holiday gift. Personally, I do think that the employee in this case has been mistreated by the company and that the punishment he received was disproportional to the actual severity of his off-duty conduct. I feel like this incident raises the question of whether or not it is appropriate for employers to discipline their employees for their activities on social media, as this is often an issue that both parties struggle with in finding the optimal balance between leaving space for one’s private life and his or her employment responsibilities. It also tests out the extent to which an employer can restrict an employee’s right to express personal beliefs and experiences.
Related law regulations in Canada have suggested that an employee’s off duty conduct ought not to be of concern to the employer unless there is a real and material connection between the off-duty conduct and the workplace. This means that an employer is only allowed to discipline an employee if his or her post on social media have negatively affected the employer’s business in a real and substantial way. However, this is a crucial part that was missing in the article which could be used to justify why the company decided to fire him on the spot. But to be honest, the guy was just complaining about the holiday gift he received; what kind of horrendous monetary and reputational harm can he cause to the company that justifies him being fired as punishment? This also brings out the problem with off-duty conduct in that there are too much room left for interpretation and usually the employees are left powerless in waiting for the employer’s final verdict on the situation. I think in order to mitigate this issue, it is ultimately dependent on the employer to have a comprehensive social media policy in place where it outlines the standard of conduct for both at-work and off-duty activities. It should also mention of the consequences that can result from a failure to adhere to the policy. This way, employees would have a clearer picture of how to use social media in a way that would not get themselves into trouble and the employer would not have to worry about seeing another angry tweet that could potentially put the company in a difficult position.
References:
Keeler, I. (2019, May 23). Disciplining Employees For Off-Duty Social Media Use: When Is It Appropriate? Retrieved from https://www.mondaq.com/canada/Employment-and-HR/808250/Disciplining-Employees-For-Off-Duty-Social-Media-Use-When-Is-It-Appropriate
Susan's EMPR 240 Blog 
Susan,
I agree with your belief that the employee in this situation was mistreated. I too believe that the punishment he received of being fired was largely disproportional to his off-duty conduct. Do you think that the company fired him because they were offended and worried at the possible bad press they could receive? Do you think that if an employee insults their company online they should be penalized? Nowadays, it is so easy to spread information online. Do you think that an issue that seems small but perhaps “blows up” should be addressed by the company? I think your idea of a comprehensive social media policy is the best way to address this issue and get rid of any grey area that may be left to interpretation. Unfortunately, as you mentioned, this will test the extent to which an employer can restrict an employee’s right to express personal beliefs and experiences online. If I were the employer in this case, I would not have fired the employee, but would have spoken with them to explain how that conduct is unacceptable for the company. However, I would not have given out barbecue sauce as a holiday gift in the first place, so I hopefully would not experience this issue!
Great read,
Jacqueline
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Hi Jacqueline,
You have so many good questions around this issue! Honestly I don’t know why the company would fire him for such a small thing, and I felt like firing him caused a greater stir and damage to the company’s reputation than if they had just left him alone. I think that an employee who insults his or her company shouldn’t necessarily be penalized, but there should definitely be a talk between the employee and the management team to figure out the problem and think of ways to mitigate the damage. I think because the use of social media is so heavy nowadays, it is almost a priority for the PR team of a company to address things properly on the platform if anything blows up. I hope that answers your questions and thank you for commenting!
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Hi there! This was a very interesting Weblog to read. I had never heard of an issue of this kind before, it is surprising to hear one got fired for a post on social media! I agree with you when you say what reputational harm could he truly have caused to the company that justified him being fired as punishment? The whole situation seems extreme and taken out of proportion. The law regulations in Canada seem relevant and should be followed by employers. If a post on social media does not concern of affect the company in any way, then it should be of no matter.
Your sources were really relevant and reliable, good read!
Andreanne
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Well said, Andreanne!
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Hi Susan,
I really enjoyed reading your article as being fired over the use social media in a personal matter is not a common subject. After reading the article, it becomes clear you did a really great job in highlighting the important aspects regarding how the employee was mistreated. I agree that the personal use of social media should not affect one’s employment status if it doesn’t not directly impact one’s employer. I also find it very interesting that the company’s justification for firing the employee on the spot was disregarded from the original article.
I found a very interesting article explaining when employees can legally be fired for the use of social media in a personal manner. These instances included if they are harassing other employees, if they are on social media while at work, and if a post proves that the employee has lied to the organization, including if they post a picture on vacation while on ‘sick leave’ (Miller, 2018). However, none of these examples seem to relate to the instance regarding the barbecue sauce, so I firmly believe that employee was mistreated.
As this is clearly not a black and white issue, my question to you is if a co-worker had given that employee the barbecue sauce, do you think the employer would have had legal grounds to fire him?
I look forward to hearing from you!
Becky
Miller, Bridget. 2018. “Can you fire an Employee over Social Media Posts?” HR Daily Advisor. Retrieved from https://hrdailyadvisor.blr.com/2018/09/12/can-you-fire-an-employee-over-social-media-posts/.
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Hi Becky,
Wow, you brought in so many useful information and insights into this issue! I will try my best to answer your question but let me know if I have missed anything as I am not familiar with all the related laws and policies. I think the most important point to consider is where the co-worker got the barbecue sauce from. Was it also from the employer as a holiday gift and branded with company logo? If it is and he still decides to complain about the gift that belong to his coworker, I think the employer still would have legal grounds to fire him because technically his post still did damage to the company’s reputation and it doesn’t matter if the barbecue sauce belonged to him or not.
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Hi Susan,
Great post, I really enjoyed reading it and I do agree with your point regarding the mistreatment of this employee. Firing an employee due to an angry tweet is overly harsh. In my opinion. the best thing that could have been done regarding this off-duty ‘misconduct’ was a simple warning, or a conversation informing him what their policies are concerning social media usage that relates to the company. Thank you for adding the extra information regarding the laws in Canada, it is definitely crucial to know this and should have been added to the article for further understanding. Though I do think that he was mistreated knowing this information slightly helps understanding why they fired him. I do agree with your suggestion of employers informing their workers of their policies as it would not lead to any misunderstandings or situations like this. In your opinion where would you draw the line as an employer? What actions on social media would you fire an employee for?
Joelle
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Hi Joelle,
I think those are two very important questions you’ve raised here and they are definitely at the centre of the problem with governing employees’ use of social media. To be honest, I don’t know the right answer to your first question because as an employer, I would rather my employees not talk about anything related to the company to avoid problems from happening all together. But again, this would raise the problem of limiting an employee’s freedom of expression and whether or not I am even allowed to do so. But one action on social media I would definitely fire an employee for is if they leak confidential information about the company online that could potentially cause the company a lot of trouble.
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Hi Susan,
Thank you for sharing your perspective.
I certainly agree that clear policies should be established in the workplace regarding the ramifications of indecent behaviour of employees on social media.
Specifically, the onus should be on employers to prove that there is a direct violation of the rules and regulations surrounding the conduct of their employees and external vicinities. There should be a clear connection between the action taken by an employee on social media and any negative impacts suffered by the employer as a result of said action. The employer must prove how and where the integrity, values, image, or financial structure has been compromised as a result of an employees social media interaction. On the other hand, there should be policies instituted that ensure that an employee cannot be dismissed on the basis of personal opinion or bias from of a stakeholder with the power to terminate their employment.
If an employer fails to prove these ties, then there should also be a policy in place to protect long term employees from termination in the basis of external “misconduct.”
In the case you described, the concern isn’t just the magnitude of the offence, butt the fact that the employee had worked there for six (6) years.
If all else fails, employees ought to educate themselves on their rights in a case like this. It’s been shown that many employees don’t pursue justice because they are either not aware of their rights or are too scared to lose. Policies should be put in place in such a way that employees don’t feel that the employer always wins. That way, both employers and employees are more motivated to act reasonably within the limits of the law.
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