Social media is now woven into nearly every aspect of daily life, and its influence often extends into the workplace. For employers, this presents both opportunities and risks. An employee’s online activity can affect recruitment, workplace culture, brand reputation, and even legal disputes.
This post looks at how employers can navigate social media issues at every stage of the employment relationship — hiring, employment, termination, and litigation — while balancing legal obligations with business interests.
Hiring
Social media can provide valuable insight into job applicants, but employers should approach it carefully:
- Use consistently. If you review social media for one candidate, apply the same practice across all applicants to avoid bias.
- Separate the personal from the professional. Don’t let irrelevant personal information (e.g., lifestyle choices, political views) influence hiring decisions.
- Respect human rights laws. In B.C., section 13 of the Human Rights Code prohibits discrimination based on protected grounds such as race, religion, sex, sexual orientation, or family status. Ensure hiring decisions are based only on legitimate job-related criteria.
Tip: Consider having someone not involved in the hiring decision screen social media, flagging only job-relevant concerns.
Employment
Once a candidate becomes an employee, social media use can still create challenges:
- Set clear expectations. A well-drafted social media policy can outline what’s acceptable, covering both on-duty and off-duty conduct.
- Protect your reputation. In certain cases, an employee’s online activity may justify discipline or even dismissal if it harms your business or reputation.
- Gather evidence cautiously. Posts or admissions made on social platforms can be used to support disciplinary action — but ensure evidence is reliable and obtained lawfully.
Tip: Train managers and employees on responsible social media use, emphasizing the connection between personal posts and professional consequences.
Termination
Employees’ social media activity can remain a risk even after they leave your organization:
- Reinforce confidentiality obligations. Remind departing employees of their duty not to disclose confidential information about your company, clients, or trade practices.
- Monitor public posts. If a former employee shares sensitive or damaging information, you may have recourse through legal action for breach of contract or confidentiality.
Tip: Include social media considerations in exit interviews and written termination packages.
Litigation
Social media can also play a role in employment disputes:
- Use with caution. Posts may provide evidence in wrongful dismissal or human rights cases, but ensure they are authentic and admissible.
- Avoid escalation. Employers should not respond publicly to online criticism from current or former employees. Instead, address concerns through proper legal or HR channels.
- Preserve evidence. If an employee’s posts are relevant, document them promptly and properly, as online content can be deleted or altered.
Tip: Work with legal counsel to determine how (and whether) to rely on social media evidence in court.
Key Takeaway
For employers, social media is a double-edged sword: a powerful tool for understanding candidates and protecting your reputation, but also a potential legal minefield if misused. Clear policies, consistent practices, and proactive training are the best ways to minimize risks.
Our team can help you develop clear policies and strategies to address risks before they become problems. Proactive guidance today can save your organization from costly disputes tomorrow. Contact us for more information.
