When employees go overboard on social media or in their public behaviour, employers can be faced with delicate circumstances
By Jeffrey R. Smith
The recent terrorist attacks in Paris and Beirut, along with the related military action against the Islamic State in the Middle East and the refugee crisis it has caused has rejuvenated various debates in Western society. The topics of admitting large numbers of Syrian refugees, how to respond to terrorism and military involvement in war-torn Syria and its environs are the subject of differing opinions among people — leading to often-emotional debates.
Everyone has their own opinion, and sometimes these opinions go to the extreme. In our world of social media, those opinions are often on display for everyone to see. And this could be a concern to employers.
This issue of employee conduct while off-duty has been discussed before, including what employees do on social media when they can be connected to the employer. Not too long ago, this was a hot topic in the media when there was an epidemic of men shouting vulgar and harassing things at female news reporters on live television. This led to more than one individual being fired by his employer due to his actions, which the employers felt reflected poorly on them.
It’s been established by courts and arbitrators that it is possible for an employer to discipline or even dismiss an employee for cause for the employee’s actions or social media postings outside of work, if those actions can be seen as harmful to the employer’s business. The bar for dismissal is high, but if an employee is openly associated with the employer and says or does things that offend the general public, the employer could be seen as condoning the behaviour if something isn’t done.
In the example above regarding the harassing of female reporters, the harassers’ jobs were discovered and the employers notified by members of the public. The employers were left with no choice but to act.
After the most recent terrorist attacks, we’re faced with similar circumstances as has happened previously. A sometimes raucous debate has ensued between people in-person and on social media over what should be done.
Unfortunately, sometimes this debate degenerates into racism, generalizations and support of extreme action — and sometimes even arson and physical attacks. While informed and passionate debate is healthy, the latter is not.
And when extreme behaviours are displayed by employees who can be easily linked with particular employers, those employers are faced with the necessity to act.
If such circumstances exist, it’s important for employers to weigh the seriousness of the employee’s actions. An employee may share opinions the employer doesn’t support, but just that isn’t grounds for discipline or dismissal.
If there are concerns, a proper and fair investigation should be conducted — as usual — and the employee should be given a chance to tell her side of the story. And then the seriousness of the employee’s comments or behaviour should be evaluated to determine if discipline is warranted and what level.
While inappropriate behaviour or social media posts can be harmful to an employer, so can a wrongful dismissal suit.
Everyone is entitled to an opinion, and when things get emotional it can be hard for some to restrain themselves from crossing the line — as with the ongoing cultural and religious debate taking place regarding terrorism and the Middle East. If a line is crossed by employees, employers should be careful in dealing with it — so they don’t cross a line of their own.
