We are all familiar with the story of the employee who reports ill, and then a few days later all kinds of sunny holiday pictures appear on Facebook of that same employee who, with a sunburnt face, is partying until the early hours …<\/p>\n
The outcome of this story varies from “It was a private matter, and so the employer was powerless” to “This resulted in an instant dismissal”.<\/p>\n
Urban legend, or is the truth somewhere in the middle?<\/p>\n
Also in employment law, in practice, there seems to be quite a difference in how Social Media are dealt with. However, it appears more and more that expressions in a variety of Social Media platforms that are directly or indirectly related to work, may have significant repercussions for an employment relationship.<\/p>\n
Apps, posts and tweets regularly serve as supporting evidence in the event of disputes.<\/p>\n
Not only in an existing relationship between employer and employee does Social Media play a rapidly growing role. Also think of the candidate who gets a friend request from an employee of the company, in order to be able to see the profile on Facebook. In the case of a former employee, it was considered by the court that the employee had violated his non-solicitation clause by accepting an invitation from a relation of his former employer via LinkedIn. This relation was employed by a company explicitly mentioned in the non-solicitation clause. Partly because there was a previously infringement as well, this resulted in the imposition of a financial penalty on the former employee of \u20ac20,000 …<\/p>\n
The message is clear: Social Media are not innocuous and without obligation!<\/p>\n","protected":false},"excerpt":{"rendered":"
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