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Be aware, the company cannot impose what must be shared on the networks, but it can use it to prove a dismissal for just cause, when the matter is associated with the workplace
At the same time as the growing polarization of the internet, access to social networks has become something simple and practical, after all, everyone can access it using just a cell phone, it also served as an alert to the way we position ourselves on the internet. For example, if an employee denigrates the image of a company, the highest positions in that place can quickly have access to the person's images and speeches, and, at this moment, a doubt may arise: “Can a person be fired, because of your internet behavior?”
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This simplification of access made these new means of communication expand rapidly, reaching the entire world and often helping with various day-to-day tasks, after all, with two or three clicks, we can locate an acquaintance who is living in Hiraizumi, a village in the countryside of Japan, or a service we are looking for.
For lawyer Leandro Francois, specialist in Labor Law, the behavior of an employee on social networks cannot serve as a reason for dismissing him, but be careful, this only applies to publications of a personal nature.
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“The way an employee behaves on the networks does not concern their job. A dismissal whose behavior is not directly linked to a breach of reliability could give rise to unnecessary inconvenience to the employer,” says the lawyer.
However, in cases where the employee exposes the company publicly or acts in bad faith, it can characterize an action subject to dismissal, as comments the lawyer Leandro Francois. “If the employee's behavior on social networks directly concerns his employer, he may be dismissed for just cause, for breach of trust. Incidentally, this has been the massive understanding of the Regional Labor Courts.”
Even outside the work environment, posts on social networks can be used in favor of the company and lead to dismissal for just cause
Even outside the work environment, many times an employee continues to represent the company's image, and even if their social networks are for exclusive use, caution is required. For the lawyer specializing in Labor Law, comments, publications, shares, all of this can lead to dismissal.
“Posts that denigrate the company's image, photos posted that prove, for example, that the employee was not sick, therefore not being entitled to justified absence. Pejorative posts, among others”, reinforces the lawyer Leandro Francois.
The lawyer also recalls that, if the employee feels aggrieved by the dismissal, he can resort to justice, but this is not a guarantee of victory, after all, the judge will listen to both parties and analyze all the evidence, such as videos and prints of social networks.
“If the company responds in court for the fact that it dismissed its employee for just cause, it may make every effort to prove that the application of just cause is correct, and may gather all the evidence that is not illegal, and may, yes, prints are admitted as evidence.”
Companies can promote actions to talk about internet safety, but never say what can or cannot be posted on their employee's networks.
When we talk about the subject, it is common for people to think that the company should inform its employees about their conduct on social networks, but know that this cannot and should not be done. Companies can promote actions to talk about internet safety, but never say what can or cannot be posted on their employee's networks.
According to Leandro Francois, with regard to the employee's personal life, the company should not intervene or deliver any material in this regard. “There is no need for the company to keep a booklet informing its employees about what they should or should not post on social networks, as it could be configured as an abuse of power by the employer, generating a threat to its employees who have free will in conducting your personal life.”
In dismissal for just cause, it is necessary for the employer to inform the reason for terminating the employment contract.
It is true that the company cannot prevent an employee from posting, sharing or liking anything, but it is also true that it can rely on that person's publications to shut them down, after all, if the publications are inherent to the work, the employee is infringing the art. 482 of CLT.
“The justification for the application of just cause to the employee is included within the list of art. 482 of CLT. If, for example, there is a breach of trust between the company and the employee, because the employee posted a photo at a party when, for the company, he presented a certificate of illness that culminated in his removal, he will be dismissed for just cause, based on art. 482, item “b”, of the CLT”, says lawyer Leandro Francois.
The specialist in Labor Law also recalls that every dismissal carried out for just cause must be notified to the employee and informed of the reason for the dismissal.
"In dismissal for just cause, it is necessary for the employer to inform the reason why he is terminating the employment contract, as well as to expressly state the legal justification", concludes the lawyer.
About Leandro Francois
Leandro Francois has been a lawyer in the area of Labor Law for four years. He specializes in Labor Law and Labor Procedures by EBJur. He was a member of the OAB commission in Ribeirão Preto in 2019.
