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Court Confirms Just Cause After Worker Sends Insults and Threats to Employer via Social Media, Acknowledging Seriousness of Offenses and Validity of Indirect Evidence Presented in the Case
A recent case drew attention. The Labor Court of São Paulo confirmed the just cause applied to an employee who directed insults and threats to the owner of the company where he worked. The messages were sent from a profile that displayed his name and photo.
Outcome at TRT-15
The 7th Chamber of TRT-15 upheld the dismissal unanimously. The decision changed the previous understanding of the Labor Court of Itapira, which had dismissed the penalty.
The panel highlighted that the episode shows how behavior on social media directly influences employment relationships, as the conduct occurred outside the physical environment but within the employment bond.
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Legal Basis for the Punishment
According to CNN, the court applied Article 482 of the CLT. The classification occurred under items b and k, which address misconduct and acts that harm the employer’s honor.
Moreover, the content of the messages was decisive in characterizing the necessary seriousness.
The offenses originated from a profile associated with the worker, according to the evidence presented. The screenshots were attached to the case and displayed his name and image, reinforcing the authorship claimed by the company.
Employee’s Argument and Analysis of the Evidence
The employee denied sending the insults. However, the expertise could not technically verify the origin, as the profile had been deleted prior to the analysis.
Despite this, the judges deemed the circumstantial evidence sufficient. The recognition of his own photo on the profile, made by the employee at the time of dismissal, weighed in the decision.
Therefore, the court understood that the denial could not be sustained.
Seriousness of the Offenses and Breach of Trust
The rapporteur noted that direct attacks on a superior break the essential trust bond of the employment contract.
Even without previous penalties, the act was considered serious enough to justify the extreme measure.
Judge Keila Nogueira Silva emphasized that verbal assaults, especially when published on digital platforms, amplify the impact on the professional environment and constitute a serious offense by the very nature of the act.
Final Outcome of the Justice Judgment
TRT-15 upheld the dismissal for just cause and rejected all the employee’s requests.
The decision reinforces that online manifestations can lead to immediate consequences in the employment relationship, something that continues to gain traction in recent judgments.
With information from CNN.
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