Employee making online posts about employer

Delicate balance between employee privacy and employer's right to protect its reputation
By Brian Kenny
|Canadian Employment Law Today|Last Updated: 10/20/2011

Question: If we’re unhappy with some of the things an employee is posting on Facebook and Twitter, what can we do? The employee identifies herself as working for our organization on both sites, though they are her personal accounts.

Answer: There are several factors which come into play when an employer is trying to determine how to deal with the effects of an employee’s social networking activity on the workplace. These factors may include: Whether the employee is using the employer’s computer for the networking purposes, whether they are networking during work hours and whether the networking activity has a clear connection to a negative effect on the workplace.

Before anything can be done about the activity, a discussion needs to take place about how the information about the postings was obtained. The context in this regard can be very important.