Employees beware!: Can social media posts become a problem at work?

Whether it's a holiday photo, a political opinion, or a funny comment - many people naturally share their lives on social media. However, what is meant to be private can also reach colleagues and employers. Then it can happen that the content becomes a problem professionally. But what rights do employees have, where are the limits of freedom of expression, and what should employees pay attention to when posting?

"Basically, the private use of social media belongs to private life," says Volker Görzel, an expert lawyer for labor law from the Association of German Labor Law Lawyers. Employers are therefore not allowed to prescribe to employees what they are allowed to post in their free time and what not. Something else applies, Görzel says, only if the post has a reference to the employment relationship, because employees mention their employer in their profile, appear in work clothes, mention colleagues or superiors, or blurt out company and business secrets.

Objective expressions of opinion are permissible. However, anyone who insults colleagues or superiors, expresses racist or inhumane things, or shares corresponding posts, or raises doubts about a work incapacity with a post, must expect labor law consequences. Depending on the severity of the violation, it can result in a warning or even termination for employees.

By the way: Even if a profile is set to private and not publicly visible, employees can still be sued by their employer. Although these profiles enjoy greater protection and may not be controlled by the employer just like that, this does not create a law-free space - especially not if the recipient circle is particularly large and includes, for example, colleagues or customers. The same applies to private chat groups.

Volker Görzel states that employees are allowed to criticize their employers. However, the freedom of expression ends where personality rights are violated or legitimate interests of the employer are impaired. In this case, the content of the statement, the choice of words, the occasion, the scope of the post, and the position of the employee in the company are decisive in each individual case.