Social networking comments and your employment situation …

Recently an employee resigned following racist comments made on her Facebook page.  There are certain obligations in an employment relationship.  Social media is not a free zone. It can impact on your employment relationship.

The key obligations of an Employment Relationship are:

• Mutual obligations of trust and confidence; and 
• A duty of good faith.

Consider what you put up on Facebook, Twitter, LinkedIn, a blog, or any other social media site or internet publication.

• You are obliged to be active and constructive in establishing and monitoring a productive employment relationship.  This includes being responsive and communicative.
• You won’t be acting in good faith if you post or publish aggressive or derogatory comments about the other party online.  If you have an issue, you have an obligation to try to resolve it directly with them.
• You are not prevented from communicating to another person a statement of fact, or of reasonably held opinion, about an employer’s business.
• This however, would not permit an employee to make general derogatory comments – in particular allegations of racism like the employee mentioned above.
• The obligations of trust and confidence would give an employer grounds to dismiss in the event such postings were made online. The rationale behind this is the poor reflection such conduct has on the employer.

Although Facebook, Twitter and blogs often serve very personal purposes, some very real cross-over exists between your personal and professional life where the internet is involved.

The key thing is to think before you post!

If you have concerns about things that you’re aware your employees are saying, or if you simply have something you want to say to your boss, give us a call to discuss what to do next.