Portuguese 
English 
Spanish 
4 min of reading 
91 comments 
Court Decides to Maintain Maximum Labor Punishment After Photos Posted on Social Media Record Professional’s Participation in Events Outside Her State During Medical Leave, Expanding the Debate on Trust, Transparency, and the Limits Between Personal Life and Professional Duties in the Digital Environment
The Labor Court upheld the dismissal for just cause of a former employee of a telemarketing company in Belo Horizonte after she presented medical certificates claiming depression, requested a leave of absence, and simultaneously posted various photos on her Facebook account from events held in São Paulo during the same period. The decision was unanimously confirmed by the judges of the Fourth Panel of the TRT-MG, who upheld the ruling issued by the 46th Labor Court of Belo Horizonte.
In the case, the worker—who acted as a customer service representative—claimed to have been surprised by the communication of dismissal for just cause without an objective explanation of the conduct that motivated the penalty. She stated that the only excerpt presented referenced item “b” of article 482 of the CLT, without specifying what behavior had caused the termination of the contract. The former employee emphasized that she was on medical leave at the time and also claimed to have interim stability due to her role in union leadership, which is why she filed an appeal requesting a review of the ruling and the reversal of just cause.
Social Media Posts Influence Judicial Decisions and Directly Impact Trust Relationships in the Employment Bond
The employer, however, argued that the extreme measure was applied due to misconduct and inappropriate behavior, presenting documents that would prove the practice of a serious offense. According to the appointed judge Maria Cristina Diniz Caixeta, rapporteur of the case, the evidence submitted by the company clearly demonstrated that, although on leave due to an alleged depressive state, the former customer service representative participated in “various events in São Paulo, a different state than where she resides”—as evidenced by the photos posted on social media.
-
The Senate approves a bill that criminalizes misogyny, hatred, or aversion towards women, and includes the crime in the Racism Law with a penalty of up to 5 years.
-
Chamber Approves Bill That Allows Pepper Spray for Women Over 16 and Imposes Strict Rules for Purchase, Possession, and Use as Self-Defense
-
Chamber Approves Law to Combat Leucaena, Fast-Growing Plant That Dominates Land and Threatens Native Species in Various Regions of the Country
-
Asset Division: Know What Cannot Be Divided in Case of Divorce
The judge further noted that the images shared on Facebook contradicted the narrative supported in the appeal. “The photos do not reveal a depleted state of the worker,” she recorded. This finding reinforced the understanding that the conduct compromised trust—an essential element in professional relationships—and broke the necessary faith required for the employment bond, justifying the maximum penalty provided.
The information was released by the Labor Court, according to the ruling of the Fourth Panel of the TRT-MG, responsible for establishing the thesis that the breach of trust resulting from behavior incompatible with medical justification is sufficiently serious to authorize dismissal for just cause, even in cases involving interim stability or suspension of the contract.
Medical Leave, Stability, and Just Cause: Ruling Reinforces That Labor Rights Do Not Prevent Penalties When There Is Serious Misconduct
According to the leading vote, the contractual violation demonstrated in the records was serious enough to make the continuation of the employment relationship unfeasible. The Court reaffirmed that the previous work period and any suspension of the contract do not prevent the application of just cause when serious misconduct is proven, highlighting that even the alleged interim stability arising from union representation does not prevent dismissal under the terms of article 482, item “b”, of the CLT.
The ruling also dismissed the requests for reinstatement and compensation related to the period of stability, considering that there is no legal support when the termination results from behavior incompatible with the duty of transparency and loyalty. The case was definitively concluded.
The decision reignites the debate on the effects of exposure on social media in the legal and labor environment. As platforms like Facebook, Instagram, and TikTok have become routine tools in personal and professional life, public postings have begun to play a significant role as judicial evidence, especially in cases involving leaves, benefits, or claims that depend on proof of incapacity.
In your opinion, was the Labor Court’s decision correct in maintaining just cause based on the photos published on social media during medical leave?
Read more: Labor Court Voids Confession of Worker Who Missed Hearing to Assist Child
Absurdo
Acho que deveria solicitar um laudo médico sobre para informar se a atividade que a empregada participou é semelhante à do trabalho ou se de repente até contribui para à melhora da empregada. Juízes pode nao entender sobre depressão. As vezes a pessoa esta inabilitada para exercer a função no trabalho e não está inabilitado para participar de outras atividades.
Pra quê? Acha que se ela realmente possuísse quadro depressivo que impedisse o trabalho não teria requisitado perícia nos autos? Se tem disposição para viajar e se divertir, tem de ter para o trabalhar.
O que tem de gente indicada dolente alegando depressão, ficando encostada recebendo sem trabalhar, é uma enormidade. E no funcionalismo público é pior ainda, os caras já quase não trabalho, tem ponto facultativobemendando feriados com final de semana, mas querem se esbalfar direto na gandaia, recebendo sem trabalhar. Rua para meliantes indolentes. Quer moleza, arranja um filho, mente que é sozinha e receba bolsa familia de $1350,00 todo mês, sem fazer nafa de produtivo ao país.