When ‘venting’ turns into dismissal: the care workers should take when posting on social media – and what companies can do | work and career

Who has never heard – or said – “I can’t stand my job anymore” or “I can’t stand my boss anymore”?

Phrases like these are common in everyday work — but when they end up on social media, is it an outburst or offense? Could it lead to dismissal?

To answer these and other questions, the g1 talked to labor law experts about the use of social networks.

The “vent” on social networks can indeed lead to a dismissal, as it can be understood as worker misconduct. The dismissal can even be claimed as just cause, says lawyer Lariane R. Del-Vechio, a specialist in labor law.

Dismissal is not the only punishment applied by companies in this type of situation: the worker can also receive a suspension or a warning — as happened with store attendant Camila Figueiredo, 27 years old.

In 2019, she took a warning after speaking out on a social network about actions that took place inside the store where she worked.

“At the time, some stores on Paulista had several cases of racism. Once a black boy walked in (in the store where she worked) and his mother was inside the store. The security guard approached the child as if he were a beggar, and ordered him to leave the store just because he was black”, he says. to the security guards and that it sucked for these things to happen”.

The next day, Camila received a warning letter, which stated that she could not badmouth the company on the internet. In order not to be fired, she had to delete the post.

What is considered social media misconduct?

All acts that affect the company’s image, legal rules or anything that offends someone’s dignity are considered as misconduct. Racist attitudes and prejudice can also be reasons for disconnection.

The lawyer claims that the use of social media during working hours can also result in dismissal – as happened with an intern at the City Hall of São Francisco do Sul (SC), fired after sharing on Tik Tok a video of her dancing in her uniform. and badge.

Can the dismissed employee go to court against the company’s decision?

The employee who feels harmed and does not agree with the decision can file a lawsuit to reverse the just cause. For this, the contractor must prove that his attitude does not interfere with the company’s image, does not offend anyone’s dignity and legal rules.

If the employee has evidence that he did not cause the damage and the company does not have robust evidence, there is the possibility of reversing the just cause: it will depend on the evidence of the employee and employer.

Legal values ​​do not need to be expressed, as well as the ethical ones, being foreseen even in the Consolidation of Labor Laws (CLT) as causes of indirect termination in case of non-compliance. In cases that are not established by law, however, it is interesting to have a manual of conduct and make the employee aware of it, so that the employer is not accused of excessive rigor.

What kind of evidence can the company use against the worker?

According to lawyer Fabiano Rosa, the main reasons that generate dismissals in relation to the use of social networks are related to the valuation of the content produced or, in some cases, violation of the company’s internal rules regarding the prohibition of the use of social networks during to the workday.

Among the main situations are:

  • Abuses or exaggerations of expositions or opinions
  • Attitudes that reveal the intimacy of team members or customers
  • Public criticism of the company, especially when using profanity
  • Misuse of the company’s brand
  • Misuse of the professional’s personal image when linked to the company’s image
  • Breach of professional secrecy

Beware of “venting” posts on social media about work:

Infographic — Photo: g1

How are the shutdown and approval procedures?

In cases of dismissal, both without just cause and with, the company must pay the severance pay within 10 days. Upon dismissal for just cause, the employee will be entitled only to the balance of salary and vacation due.

In case of dismissal without just cause, the worker must receive a salary balance, accrued and proportional vacations, 13th salary, prior notice, a fine of 40% of the FGTS and unemployment insurance.

The approval of the termination will depend on what is agreed in the union agreement and on the employee’s length of service.

  • Have you been fired or resigned? know your rights

When are social networks seen as a means of free expression and offensive form?

The civil framework for the internet (Law nº 12.965/2014) was created to establish principles, guarantees, rights and duties for the use of the internet, including the protection of privacy and the protection of personal data.

The law, however, does not provide for the labor repercussions resulting from the acts performed on the internet by its users – thus, this relationship must be evaluated and judged by the Labor Court based on labor legislation.

“The limits to free expression, whether on the internet or in the offline world, are defined by the principles of the Democratic State of Law, especially when there is an attack and affront to the security and privacy of others, when violations of civil liability rules occur, when manifestly illegal acts are committed and, above all, when acts of violence, prejudice and discrimination are expressed, says Fabiano Rosa.