What Say, if any, should you have on employees’ personal behavior online?

We’re constantly told to watch what we post on social media. It’s common today to hear news about employees getting fired for what they write on Facebook, Instagram, or Twitter.

But what exactly qualifies as crossing the line? And how often does that happen? It turns out, more often than we think.

Erring on the side of caution always helps. Take the example of Kenneth Storey – a visiting assistant professor at the University of Tampa who lost his job after an incendiary tweet. His post suggested that the victims of Hurricane Harvey in Texas had asked for it – their “instant karma” for having voted Republican. 

Sometimes, even things you wrote long ago can come back to bite you. James Gunn, director of Guardians of the Galaxy was fired for a Twitter post he wrote years ago around rape and paedophilia.

With the internet, boundaries between personal and professional selves have blurred. As more of us follow colleagues and work friends on social media, we become privy to details we wouldn’t otherwise. These details are deeply personal, often involving family, outlooks on life, religious beliefs, politics, and other off-duty activities.

Subsequently, HR professionals are at the centre of online firefighting. It falls onto hiring managers to act – especially if online posts can reflect poorly on the brand’s image. Yet, they also need to create a supportive and open working environment. Balancing the two roles is easier said than done. 

The chances of an online comment or seemingly innocuous photo going viral are high. Then, there’s the added challenge of keeping up with the speed of social media. A single post can trigger a complete crisis in minutes. When companies jump in immediately to manage the conversation, it can lead to one of two possibilities. A crisis averted or blowing up a post that would’ve died down on its own.

Most companies agree that doing nothing isn’t the best recourse. Executives and HR professionals must assess the potential reach and damage to a company’s reputation before acting.

So, can companies fire employees for inappropriate online behaviour? The answer is yes. But like most legalities, it depends from case to case.

Employees can be fired for hate speech and offensive comments around gender, race, and religion. Organisations can terminate employees for disclosing trade secrets, confidential information, or misrepresenting the brand in serious ways.

But companies cannot discipline employees indiscriminately. Social media policies must not penalise employees for speaking out on working conditions, wages, or employment terms. Whether unionised or otherwise, workers have the right to express their opinions on low wages, working hours, or management. 

Some of this may sound arbitrary. But these policies stem from employment contracts, most of which are “at will.” Employment at will means companies don’t need a reason to fire employees. Workers covered by a collective bargaining agreement may have more rights. Still, each company can fire employees for just cause. Online behaviour that violates company policy is cause.

Staying ahead of a crisis is essential for both companies and employees. Leaders and HR professionals should agree on a set of core ethics and values. It makes it easier to determine what kind of behaviour goes against company policy and how much.

Employees, think before posting. Don’t publish proprietary information, defamatory posts, or advertise your job hunt. It can be challenging to retract things said online, even if you delete a post.