Should your personal social media page affect your workplace?
Should such things as OnlyFans page, or Instagram posts determine whether you can apply for the job or not, or even keep your job in the first place?
One of the Examples:
In Novermber 2020 Esmee Rose, a 23-year old Teacher in Covington, Kentucky, USA, has been dismissed of her position in Covington Catholic High School, due to the explicit content she was uploading to OnlyFans an online platform where the promised exclusive content is exchanged for the money this has brought up the question into the mass:
Should personal life, specifically personal social media pages affect in any way, work related situation. Should we check personal space of the future employee before hiring them?
Without a doubt as we all are aware, social media affects our day-to-day life. The use of social media in the workplace can be a strucutre upon which a possibility of strong relationships may form. Either between employees or between a customer and an employee. It is a tool that is utilized in the companies for collecting different data, such as customers approval of their product, public opinion of the company, surveys, as well as a most common one, advertising in social space.
However such Off-Duty activities would lead to jeopardizing companies structure, inside and outside of the company.
Upon closer iinspection these are the following criterias upon whi an employer may conduct a disciplinary warning or dismiss an employee:
The employee's behavior (grievor) damages the company's reputation or product.
Because of the grievor's actions, they are unable to carry out their responsibilities effectively.
Because of the grievor's behavior, other employees refuse, are hesitant, or are unable to work with him.
Because the grievor is guilty of a significant violation of the Criminal Code, his or her actions have a negative impact on the company's and its employees' overall reputation.
The grievor's actions make it impossible for the organization to handle its work and people effectively.
When may an employer discipline or fire an employee for using social media or other forms of the Internet?
If the social media or Internet activity occurs outside of the office or is unrelated to employment, the employer must demonstrate:
When an activity reaches the level of misconduct, it is also damaging or likely to be harmful to the employer's interests or reputation.
Should employer include social media policies? What exactly should it include? Kim v International Triathlon Union, a 2014 case of the British Columbia Supreme Court, demonstrates the measures an employer must take before dismissing an employee.
At the very least, any social media policy should include the following:
alerting employees that their employer would monitor their social media use, specifying the types of posts and content that are expressly prohibited and stating that if an employee does not follow the terms of the policy, they may be penalized, including termination.
Note for future notice of the employees:
Whether not or whether an organization has a social media policy, all employees should be aware of the potential ramifications of any comment or information they post on the Internet.
Sources:
Picture 1: High School teacher fired after going viral on Onlyfans with Student. Retrieved from: https://ifunny.co/picture/high-school-teacher-fired-after-going-viral-on-onlyfans-with-BHwNwgh18 Date of retrival 01.12.2021
applya. (2021, April 12). Is It Legal for Employers to Check Your Social Media? https://applya.com/employment-screening/is-it-legal-for-employers-to-check-your-social-media/
CanLII. (2014, November 19). Captcha | CanLII. Kim v International Triathlon Union. Retrieved December 1, 2021, from https://www.canlii.org/en/bc/bcsc/doc/2014/2014bcsc2151/2014bcsc2151.html
Wagstaff, E., & Taylor, J. (2021, June 25). Teacher claims she quit job after ex-husband exposed double life as OnlyFans model. Mirror. https://www.mirror.co.uk/news/real-life-stories/teacher-claims-quit-job-after-24396320
Dear Artem,
ReplyDeleteI was very interested in the topic you chose. The connection between work and social media is very interesting and it would not occur to me that it can be so extensive. I was most interested in this article. In the beginning, there was a good event with the teacher, what some people are capable of is crazy. I was also interested in how you write here about disciplinary warning or dismiss an employee. Your blog is full of interesting information. Good work.