Did you know that a majority of our offline lives significantly affect our digital world and vice versa? In today's age, everything is interconnected. A single social media post on Instagram, Twitter or Facebook has the potential to go viral within seconds; this can sometimes have adverse effects. Be it a rant about a job or having a controversial opinion, everything feels like it’s tipping more towards personal expression or work life is ever hazy.
But can you actually be terminated over something you post on the internet?
In short and simple: Yes, in most cases that is possible. But, for me to elaborate the answer is: a little more sensitive and matters more to comprehend.
While social media gives every citizen a platform to voice their opinion, it now also than ever employees, bosses and clients have access to personal lives. What they choose to see can alter how one is perceived on the professional front. As of now, there seems to be quite a bit of misunderstanding around rights given to the citizens related to consequences and whether the policies protected the punishment. Is placed like this google doc people assume the narrative was some polished bound script because, more often than not, the industrial world follows a completely different reality.
In this blog, we will examine the dangers and responsibilities of your digital footprint, define the boundaries of action for employers, and highlight case studies of individuals who suffered severe consequences for the online content they shared. Job seekers, employees, and social media users will benefit from this information.
Let us navigate the law and its boundaries, move through the ethical no-man's-land, and provide practical advice on how to genuinely present oneself online while staying protected.
Knowing Your Rights
Employees are entitled to certain employee protections, as defined by labour laws in various countries. These laws, however, do not protect you from the negative impact of your online activities. Here are fundamental concerns of rights and breaches:
1. Policies of Freedom of Expression: Use of freely available speech comes with many caveats. The bulk of private corporations come with media policies dictating social media, or what is “slightly” acceptable to publish.
2. Employment contract terms: Certain positions seem to ensure a vague professionalism clause for social platforms. Noncompliance with these terms may result in termination.
3. Defamation and Harassment Laws: As we have seen, defamatory, biased, or harassing posts may not as it were cost one a job but also have critical lawful results.
4. Whistle Blower Protections: In some instances, disclosing illegal activities within a business may be protected under whistle blower laws. However, such protections differ by region and industry.
Now, let’s analyse the why part.
1. Employment Laws: At-Will Vs. Contractual
Most states in the U.S. classify employment as At-Will, meaning employers have the right to fire you for legally permissible reasons, including “no reason”.
If the employer decides to get rid of you, it’s most likely because they think you’ve done something inappropriate or undermined the value of the business in their eyes, so given the option, they get rid of you, and legally speaking, they often can.
Things rarely get better when there is a contract of employment. There’s always the possibility the employer can still get rid of you, discipline you even...but it’s all contingent upon the agreement laid out in the document. Some of them even have “morality clauses” or criteria revolving around social media behaviour.
The India does not follow the "at will" employment doctrine. In fact, the majority of employment relationships in the India are based on a mixture of contracts, company policies, and labour regulations. Thus, in a general situation, an employer cannot fire an employee without providing a justifiable reason and due process.
- Dismissal – whether it is due to misconduct, redundancy, voluntary resignation, or any other reason – usually involves:
- Adequate notice as stipulated in the employment agreement or applicable labour law
- The possibility of being listened to, particularly in cases of alleged wrongdoing
- Observance of the provisions of relevant legislation’s such as The Industrial Disputes Act of 1947 (for workmen), Shops and Establishments acts, or the company’s standing orders.
What if you find out about it?
If a worker puts up content on the internet that his or her employer considers to be damaging, dangerous, or harmful to the company or detrimental to the employer’s image, disciplinary measures up to and including termination may be enacted, albeit in accordance with the employment contract signed by the parties, company rules, and relevant legal regulations.
Contracts of Employment:
In India, most employees are formally engaged through written contracts that capture codes of conduct, social media policies, or morality clauses.
Such documents usually tend to define workplace misconduct alongside the justification to impose disciplinary action(s).
In conclusion, although employers in India can take steps to restrain and curb negative online behaviour of their employees, it has to be done in consideration of the law and breach of contract terms that are legally binding. Unjust dismissal can be contested legally.
2. Freedom of Speech: It’s Complicated
One of the most prevalent myths circulating over the internet is that “freedom of speech” or “Employee free speech laws” somehow protects individuals from being dealt with consequences, even in a work setting. The First Amendment is put to use when there’s government censorship. It does not apply when dealing with private companies. Put simply, if you work for a private organization and say post something controversial or offensive, freedom of speech will not protect you from being fired.
That said, there are exceptions
- Employees of the government may have additional protective speech provisions.
- Employees under unions have rights as per the collective bargaining agreements.
In India, one of the most prevalent myths going around over the internet is that “freedom of speech” protects an individual from any and all forms, including the work setting. Under 19(1) (a) of The Constitution of India, every citizen is entitled to freedom of speech and expression. However, this is not accompanied with complete freedom.
The Constitution provides for reasonable limitations under 19(2) in the interest of the sovereignty and security of the State, public order, decency or morality, contempt of court, defamation, or incitement of an offense. As important, freedom of speech is primarily concerned with protecting individuals from the state, not protecting individuals from private employers.
Thus, if you are employed by a private organization and say or post something offensive or controversial, you may lose your job after any discipline your employer chooses to impose on you, as this constitutional right will have no bearing on your employment.
That said, there are some exceptions and caveats:
Public sector employees may be better off, but they are still covered by conduct rules that restrict the public airing of grievances/complaints about the government or its policies.
Unionized employees or those covered by collective agreements may have better provisions so far as discipline is concerned.
Labour legislation like the Industrial Disputes Act, 1947 may depending on the circumstances provide some assistance in cases of alleged wrongful dismissal.
In summary, while speech is a constitutionally ensured right in India, it is not given in blanket form bordering on absolute in regards to the employment relationship, more so in the private sector.
3. What Types of Posts Can Get You in Trouble? / Legal risks of online speech
Posts that will likely terminate your contract include the following:
- Hate or discriminatory remarks or speech
- Disclosing confidential information about the employer
- Bouging your jaw with your colleagues or your supervisor that paint them in a negative light
- During working hours if you are logged into the company system (policy violations)
- Sharing inappropriate photos or videos
- Using threatening or violent language
- Controversial or political views
- Inappropriate content
It isn’t only your words that require attention. It's what your words say about your employer company.
4. Can You Be Fired for Crap Posted Outside of Work Hours?
Yes, even If you are using your personal time. If your post garners a lot of attention, or negative exposure puts your company in a bad light, your employer can classify it as violation of company ethos or code of conduct, even if after hours.
5. What About Whistleblowing or Other Complaints?
Within the boundaries of the US National Labour Relations Act, Workers consider the American law system (under non-unionized workplaces) reserve the right to converse regarding their employment which includes working environments, remuneration, and other job elements. Termed as protected concerted activity.
As an illustration, when you post or and talk about dangerous wage calculated as an unhealthy work environment, you can be shielded with some veil of law, in this case federal law. However, this does not imply lawless region. Everything is with caution of how things are worded.
Employees in India possess some level of legal protection when addressing genuine concerns. When discussing concerning information about inadequate wage, working conditions for employees and dealing with unethical acts are considered by most U.S. professionals in the legal framework which differentiates from the model Framework around these concepts in the U.S.
Protections for Whistle Blowers:
The Whistle Blowers Protection Act of 2014 aims to safeguard individuals (including public employees) who report acts of corruptions, abuse of power and any criminal conduct in public offices.
There is no single comparable law for the US National Labour Relations Act within the private sector. However, numerous corporations have their own internal policies or grievance redressal mechanisms which serve as whistle blower policies as part of corporate governance, particularly under the mandate of the Companies Act of 2013 for listed companies.
Labour Law Protections:
Employees, particularly those defined under the Industrial Disputes Act, 1947, as ‘workmen’ possess the right to dispute in regards to wages, occupational health and safety, working conditions and unfair practices.
The Factories Act of 1948 and the Occupational Safety, Health and Working Conditions Code of 2020 also contain provisions about health and safety, and employees are able to lodge complaints with appointed inspectors or welfare officers.
But Be Careful How You Say It:
Although raising legitimate concerns is important, and often protected, how you convey yourself, especially on social media, is equally crucial. Posting accusations in a public domain in a malicious, derogatory or insulting way creates a pathway to disciplinary action, defamation lawsuits, or other legal ramifications.
In raising complaints is a right, but doing so through responsible and proper channels is important.
6. Recommendations for Online Safety / Protecting your job from online posts
- Evaluate your privacy configurations, but make sure you have additional layers of security in place
- Do not focus negatively on work, or post anything that can be identified as work aside from constructive promotion.
- Refrain from posting anything that you would not want your boss or a client to see and think positively of.
- Be aware of your work social media policy and adhere to it.
Conclusion
Your online social profile is part of your brand and persona. In the internet era, it can be accessed at the workplace whether you wish so or not. You are free to say anything, but it's best to be considerate with your actions and think about the information you share digitally.
Indeed, in this case restraint is best exercised through postings that can result in losing your job. However, doing so mindfully allows for retaining position.
As laws (Employment law and social media or Social media policies at work) and practices may differ among nations this blog is intended to be of interest on information purpose only.
