Expressions on social media regularly lead to labor disputes, dismissals and even lawsuits. Presenter Raisa Blommestijn stops working at Ongehoord Nederland (ON!)because she was asked "to stop immediately X and expressing her opinion via her own social media channels. To what extent is an employer allowed to interfere with what his staff does on social media?
The main misconception is that employees think they can post anything on social media and that an employer should not interfere because it is a private matter. Private is the starting point, but it is certainly not unlimited.
Negative consequences due to controversial post
If a link can be established between the employee who posts a controversial message and his employer, there may be negative consequences for that employer. For example, the company may receive questions or complaints from other employees or customers. Then an employer may have an interest in saying: this is going too far, this has to stop. In short, an employer has nothing to say about the social media behavior of staff unless it harms the working relationship or the company.
Customers walking away
If a post damages your company, for example because customers complain or even walk away, it can lead to far-reaching measures. Then it cannot be ruled out that as an employer you will tell that person to stop doing this or remove a post because of negative consequences.
Job lost because of social media post
In extreme cases, a post can lead to dismissal. If an employee won't remove the post and you can prove as an employer that it causes harm, that can be grounds for dismissal. But then an employer must properly substantiate those negative consequences. For example, with messages from concerned customers or employees. If the employee throws his ass up against the manger and continues with the same behavior, it cannot be ruled out that it will cost the employee his job.
Good social media protocol can prevent conflicts
A well-drafted social media protocol can prevent conflicts because employees know exactly where they stand. In the protocol, you establish frameworks for employees within which they can move. You must clearly formulate what employees may and may not do and say on social networks. In this way, undesirable messages related to the company are minimized.
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