Don’t let social media be the reason you are disciplined in the workplace
Learn about your off-duty legal rights and responsibilities on social media.

As university students, many of us are new to the workplace as we enter jobs, internships, or co-op positions. However, workplace legal rights aren’t widely shared with students. In an age where many document their lives on social media, it is not uncommon for students to also share their workplace experiences and feelings on it. However, if not treated with caution, posting a simple “rant” on your story could lead to you getting disciplined by your employer. 

If the situation is heightened, it could even result in a wrongful dismissal claim, which is when an employee is terminated without reasonable notice or pay in lieu. 

To prevent this from happening, the founder of Vanguard Law – a practice built to support employees in wrongful dismissal and workplace-rights disputes – Andre Issa, has provided guidelines for students on how to protect their workplace rights. 

Mistakes to avoid 

According to Issa, since Ontario law does not provide employees an all-inclusive “free speech” right against their employers, when handling disciplinary cases, decision makers would generally assess follow-up actions based on the situation’s context and impact. 

Some of the common actions on social media that might lead to employees getting disciplined include issuing posts that harm your employer’s reputation, breaching confidentiality (revealing client details, internal emails or images from sensitive worksites like hospitals, clinics, schools or law offices), or targeting a client or coworker (posting harassing, hateful or discriminatory content).

Furthermore, the more your social media content identifies your employer, such as having them named or easily identified, the higher risk your off-duty post would be treated as a workplace issue.

Issa adds that repeated misconduct, refusal to take posts down, or ignoring policies could lead to the consequence of termination for cause, which gives employers the right to terminate you immediately without notice, severance pay, or access to Employment Insurance (EI). 

Does having a private account help?

Issa answered, “Not much.” If an employee’s content were screenshotted and shared among coworkers, clients or the public, having a private account would not alleviate the consequences. That is because ultimately, the responsibility for the content that affects the workplace still lies with the employee. 

As an employee, in what ways are you protected?

Issa stated, “Employers can’t legally punish you for asserting your Employment Standard Act Rights,” such as asking for unpaid wages or payment for overtime. Employees also have the right to raise health, safety, or workplace harassment concerns through appropriate channels, like contacting their supervisor or Human Resources (HR). 

If one were disciplined for enforcing these rights, it could become a case of unlawful reprisal. Similarly, discrimination based on protected grounds, such as age, creed, disability and ethnic origin can be treated with human rights remedies. 

However, Issa elaborated, “These protections are not a free pass for defamatory, harassing, or confidential content.” He continued, “A post about safety sent to your supervisor is different from posting a TikTok naming your manager and clients, while sharing internal emails.” 

Read your employer’s policies 

Issa mentioned, “Larger Ontario employers must keep written policies on electronic monitoring and disconnecting from work.” These policies set expectations for after-hours messaging, use of work devices and what activities on work systems may be logged. Although these policies prevent employers from monitoring employees without limit, they don’t give employees the right to share whatever work-related content they want on social media. 

Regardless, it is still important that employees thoroughly read these policies to understand their duties and rights. Reading these documents can not only prevent you from getting in trouble but also help equip you with a good sense of workplace expectations and workplace ethics. 

Guidance for students and fresh graduates

Aside from reading your employer’s policies, Issa advised, “Treat anything that could identify your workplace as if HR, your manager, and a client might see it. Keep personal accounts clearly separate from professional profiles and avoid posting about work from personal accounts.” 

As a matter of professionalism, it is also important to protect one’s employer or client’s privacy by not sharing internal information without permission. If there are concerns regarding things such as safety or unpaid wages, using formal reporting channels instead of social media can not only help notify relevant departments more effectively, but also protect employees from reprisals. 

Issa added, “When emotions run hot, pause before you post. What feels cathartic at 1 a.m. can become [disciplinary] evidence by 9 a.m.”

What to do if you get disciplined 

“Don’t delete anything,” stated Issa. “Preserve posts, comments and direct messages.” In such situations, employees should also ask for the specific policy or reason your disciplinary action is based upon in writing. This is why it is important to read policies and contracts provided beforehand. In addition, marking down the situation’s timeline while it is fresh can also help with future references in fighting for one’s rights. 

Issa stated that if the situation becomes termination for cause, the “cause” threshold is high in Ontario. Many situations are not cause, even if discipline is appropriate. When an employee is fired without cause, the employer must provide proper notice or pay in lieu, which is often more than the minimum standards. Moreover, if an agreement is provided to you, seeking legal advice before signing it can help ensure that you are treated fairly.