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Can you be fired without notice or severance, for what you post on social media?

December 10, 2024 Leslie Smith
can-you-be-fired-without-notice-or-severance-for-what-you-post-on-social-media

Can you be fired without notice or severance, for what you post on social media?

Possibly.

Factors that employers must consider before summarily terminating an employee include length of service, past disciplinary record, and the employee's position; the employee's entire work history must be considered.

Some additional factors employers must consider before terminating employment for cause (without severance) for social media posts, are:

  • Damage done to the business and/or reputation
  • Whether the employee disparaged the employer
  • Whether the employee threatened another employee
  • How frequent the social media posts were
  • Whether the employee was uncooperative or defiant when faced with accusations of improper social media posting
  • Whether the employee accepted responsibility for the offending posts
  • Whether the post disclosed personal or confidential information belonging to the employer or to another employee
  • Whether the posts were made during work hours

If your employment was terminated without notice or severance for something you posted on social media, keep the post and get in touch with me to review your situation. You may be entitled to severance.

Please fill out the form to begin a discussion with Leslie today:





Core Beliefs

I strive each day to live and work by one principle - treat others as I would want to be treated. In my practice, that translates into 4 key values:

I do what I say I will do and I am honest and transparent at all times with clients, staff, opposing counsel, the court and anyone else. I provide my clients with an honest assessment of their case. If I make a commitment to a client, I keep it. Integrity also means that my clients know before they retain me what my fee structure is. If a client appears unsure of whether or not to retain me or what to do, I tell them to go home and think about it first.

Integrity

Employees having difficulty at the workplace are often in considerable emotional distress when they arrive at my office. Employers can be as well. Employment issues involve human interactions, which necessarily involve emotions that sometimes need healing. I enjoy helping my employee clients think and feel differently about their situations. I also enjoy helping employers understand that their employees need to be treated with respect, dignity, kindness and fairness, no matter what is going on.

Compassion

I have an organized and logical mind that works like a trip hammer, especially in court. I can very quickly sort out the relevant facts and issues in order to resolve my client's cases efficiently. Excellence also means to approach matters with a large measure of practicality, always thinking about what is best for my client and their family and/or business. Finally, excellence also means behaving with civility. I have learned to be hard on the issues and soft on the people - a winning combination.

Excellence

I have also been blessed with discernment and intuition that allows me to often "know" what is really going on with my clients. Equally, my own life journey has led me through difficulties in personal relationships so I understand how upsetting a broken employment relationship is. My own struggles married with discernment and intuition allows me to treat my client holistically, not just legally. This is the thing that sets me apart from most other lawyers, so say my clients.

Wisdom