Most, if not all, of your employees likely use social media and post content related to their job. For this reason, you must consider what steps you can take to protect your business from an employee who may criticise you or your business on social media. Although most employees use social media positively, there may be instances where an employee posts negative comments that may impact your business. This article will outline the steps you can take if an employee criticises you or your business by making a comment on social media and how you can prevent this from happening.
As an employer, understand your essential employment obligations with this free LegalVision factsheet.
Avoid Dismissal
It can be very distressing to have an employee criticise you or your business on various social media platforms. Hence, it may seem that the employee’s conduct is serious enough to dismiss them immediately. However, you should avoid immediately dismissing the employee who has posted such criticisms. Consider the following example.
Whether or not you can dismiss an employee who criticises you or your business on social media posts will depend on individual circumstances. You may need to consider whether disciplinary action is a more appropriate course of action. Nevertheless, you must undertake a thorough and procedurally fair disciplinary process. This may include but is not limited to a formal discussion or a written warning. In any case, you should proceed with caution before dismissing an employee on this basis.
Do I Need a Social Media Policy?
A social media policy can assist with setting clear expectations for your employees regarding their social media use. By setting clear standards of behaviour regarding social media for employees, employees are less likely to behave in a way that breaches the policy. If an employee criticises you or your business on social media, you are able to rely on the social media policy when responding to the employee’s conduct.
What Should I Include in a Social Media Policy?
A well-drafted social media policy should address:
- when work stops and personal life starts to ensure your employees cannot post something negative the minute they clock off work, even if they think that no one from work can see the comments;
- what sort of conduct is and is not acceptable; and
- what disciplinary measures are in place when an employee breaches this policy.
You must also be sure to acquaint your employees with your policies. To ensure your policies are effective, you should:
- regularly refer to your policies;
- rely on your policies when circumstances arise; and
- make your policies easily accessible to your employees.
Ideally, you should also conduct training to educate employees about acceptable behaviour. Additionally, you should obtain written acknowledgement that your employees have read and understood the policy.
Continue reading this article below the formDismissing an Employee
Can you dismiss an employee because of a comment on social media? The answer will depend on the individual circumstances. However, this should always be done with caution, such as when you have a solid social media policy that sets out expectations, and this policy is breached.
Key Takeaways
A social media policy can help familiarise your employees with your expectations. Such a policy is the first step to minimising the risk of employees painting your business unfavourably on social media. Some key things you should include in your social media policy are:
- an explanation of what conduct is and is not acceptable on social media; and
- a list of disciplinary measures will be taken when an employee breaches this policy.
If you need assistance understanding when you can terminate an employee, our experienced employment lawyers can assist as part of our LegalVision membership. You will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
A social media policy must clarify your organisation’s expectations for your employees. Without a social media policy, your employees cannot be expected to have an understanding of what is expected from them online outside of work hours.
A well-drafted social media policy should address the line between work and personal life. For example, you may wish to emphasise that your employees cannot post anything negative online during work hours. Your social media policy should also outline what conduct is unacceptable and what disciplinary measures are in place when an employee breaches the policy.
We appreciate your feedback – your submission has been successfully received.
