Employee Fired For Inappropriate BLOG Entries:                   Employer Rights and Obligations

Written by: Andrew Lawson

You can fire an employee without notice for posting harmful comments about your company on a blog,an internet-based diary also known as a weblog. A government worker in one Canadian community was fired, for cause, after she badmouthed the community where she lived on her blog. Because it was her job to promote her community, her actions were seen as a violation of her employment contract. In other words, she deliberately violated a key obligation she owed to her employer,loyalty.

You have the right to protect the secrets of your organization. This means you may be justified in firing an employee who divulges secret company information on her blog. A Microsoft employee was fired after posting a photo of Apple computers sitting on the loading dock at Microsoft. Another breach of a fundamental obligation,confidentiality.

All organizations must have systems in place to monitor the flow of information. At the same time you must protect the privacy rights of your employees and customers.

You can also fire an employee whose blog postings fall under the heading of insubordination, illegal activity, disloyalty and certain after work activities. Has your employee crossed the line? Here is a quick test:

Has your employee posted information on the internet that:

• deliberately disobeys a clear directive?

• harasses another employee?

• divulges confidential information?

If you answered yes to any of the above questions, you may be able to terminate for cause. Any decision to terminate an employee should be made in consultation with your own legal advisor.