Q&A

Can employees be fired for posts made on social media?

Can employees be fired for posts made on social media?

The employer must give the employee clear and express warnings that continuing to post similar inappropriate or problematic content on social media could lead to further discipline including dismissal. If the employee does not stop, then the employer may be able to terminate for just cause.

What would get employees into trouble when using social media at the workplace?

Social media can deflate workplace morale Some employees may also overshare about their promotion and some confidential information about their role through their social media accounts. They may unknowingly breach their company contract and harm the reputation and confidentiality of your company.

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What is the one most negative effect of social media at work?

One of the most damaging negative effects of social media in the workplace is jealousy among employees. With social media, you can get the attention of lots of people in an instant or gain popularity. But the problem is, not all people on social media have what it takes to be popular.

Can employees be disciplined for social media posts?

In sum, an employer can terminate an employee for posting about individual gripes, but there can be a fine line between an individual complaint and attempt at concerted activity. Employers should consult with counsel before terminating or disciplining an employee for posting about work-related activity.

Is it legal to post employee pictures on social media?

As a best practice, employers can easily use a consent form to reduce liability risk. Certainly, such consent forms must be used if state or other applicable law requires it. Make sure that before posting employee pictures on company websites or social media you are aware of these legal issues.

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Should you include employee photos/videos on your website?

Unfortunately, having employee photos/videos on webpages and social media marketing campaigns is not as simple as a “click” of a camera. Though they work for a company, employees do have privacy rights regarding their own image, photo, identity and voice, particularly when others (like an employer).

What are some of the concerns of employees about employee photos?

Additionally, concerns may center around what activity is being featured in the video/photo. Employees may be fine with photos of themselves performing their job functions, are at a community service event, however they may object to photos at social events or the like.

Do you need permission to post employee headshots on social media?

These are typically on websites who routinely post employee headshots for the “about us” or “bios” pages, or other social media uses, like on company LinkedIn pages. In these situations, it still makes sense to get prior written consent.