Can an employer fire an employee for a comment on social media?

Social media have long become an inseparable part of our lives. The boundary between private and professional life is becoming increasingly blurred: we post, comment, share photos, and express opinions daily. However, we do not always realize that our online activity can impact our careers. Could an innocent Facebook post or a comment on LinkedIn lead to dismissal? What rights do employers have when it comes to monitoring employees’ social media activity? When can online posts result in job loss, and how can one protect themselves from such situations without risking their career?

Limits of freedom of speech – where does employee responsibility lie?

 First and foremost, it should be noted that everyone, including employees, has the right to freedom of expression. However, one must remember that although everyone has the right to express their views, such statements cannot violate legal provisions or infringe on the personal rights of others.
According to Article 100 of the Polish Labour Code, an employee is obliged to perform their work conscientiously and diligently and to follow the instructions of superiors, provided that these are not contrary to legal regulations or the employment contract. In particular, an employee must observe principles of social coexistence in the workplace. It is also important that the employee protects company property and maintains the confidentiality of any information that could harm the employer, and takes care of the employer’s best interests, including its brand, trademark, reputation, and image.

It is worth emphasizing that commenting on work-related issues is not, in itself, a violation of the law – but it is easy to cross the line between freedom of speech and damaging the employer’s good name. The problem arises when comments are offensive, include confidential information, or are untrue. In such cases, even if the posts are published outside of working hours and offsite, they can still negatively impact the employee and result in serious consequences.

Dismissal is not the only consequence

When an employee crosses the line of decency on the Internet, the consequences can extend far beyond a warning or reprimand. Of course, in cases of serious violations, employers may choose to terminate the employment contract, either with notice or under Article 52 of the Labour Code. But that may only be the beginning of problems for the employee, whose actions could have broad and serious repercussions.
Publishing false information about an employer online may result in liability for violating the company’s personal rights. The employee could also face criminal liability for defamation or insult. Balancing the right of employees to express themselves with the need to protect a company’s interests is a real challenge for employers. Given the increasingly blurred lines between personal and professional life, it is essential to carefully consider all possible consequences. If you need support with employment law issues or would like to learn about available legal solutions, feel free to contact us remotely:
https://atl-law.pl/prawo-pracy-sprawy-zus/