You Can Be Fired For Facebook Postings

Brian Bell

Toronto Employment Lawyer Brian Bell - The growth of social media has provided a vehicle for some individuals to vent their frustrations on a lot of issues, including stuff that happens in the workplace. But take heed: there is no immunity in using social media to voice workplace displeasure.

A recent case involving a Canada Post employee and Facebook is a good example:

The woman had been given a three-day suspension without pay after being part of a confrontation between older workers and a younger supervisor.

Later, the company discovered a series of Facebook postings by the employee that included derogatory statements about her supervisors and Canada Post. She claimed she had a voodoo doll of one manager and also if she hadn't been drinking she would "take her out on the driveway and run her over," according to the ruling.

The posts were sent to more than 50 Facebook friends, including some co-workers, The Star reported.

Bad move.

Social media can give individuals the unjustified confidence that they can say anything they wish under the protection of privacy. They can't.

In this case, the employee was terminated for the comments. Her union - the Canadian Union of Postal Workers - grieved on the basis that she was a long tenured employee and close to retirement. The Union’s position was that some lesser form of discipline might better suit the circumstances, given the employee’s age and service.

The arbitrator considered these issues, but felt that the lack of remorse displayed by the woman, and her attitude in general, outweighed any factors for leniency.

Everyone needs to be aware. Social media can give individuals the unjustified confidence that they can say anything they wish under the protection of privacy. They can't.

Before posting something online, a question one might ask is, “Would I say the same thing to my supervisor if I were talking to them face to face?" Probably not. As a result of thinking falsely that she was untouchable, this employee did lose her job, and the arbitrator upheld the termination.

Social media does not remove the responsibilities an employee has toward their employer and their supervisor. I agree with the arbitrator’s decision in this case.

In short, take care and be aware, and if in doubt: don't post it online.