Termination of Employment with Immediate Effect for a Facebook Post

5. 11. 2015

With the increasing popularity of social networks and their use among employees, employers often wonder whether such actions could be a reason sufficient enough for termination of employment. We would like to draw your attention to a few aspects of an immediate employment termination in connection with infringement of job duties by using the social networks by employees.One of the well-known, basic prerequisites for immediate employment termination is intensive infringement of job duties by the employee. As we can learn from various examples from abroad, an act of complaining about a low pay and ridiculing the employer would classify as such. In a case like this, an employment may be terminated with immediate effect based on breach of trust (the Provincial Court in Hamm, Germany). One needs to bear in mind that the respective employee's job history surely plays a significant role – the situation of an employee with an unblemished record would surely differ from that of one whose performance could not be described as 'polished'; the court's decisions would, of course, reflect that.

It means that we always ought to regard each case as a unique one and the circumstances surrounding it are barely comparable. What is more, immediate termination of employment should always be seen as the last resort; that is why we would always recommend consulting a specialist who would offer guidance on these matters.

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