Can You Be Dismissed for What You Post on Social Media? Key Considerations for Managing This Risk in Your Company

Social media is part of the daily lives of millions of people. However, when content published by an employee affects the company, its reputation, or the proper performance of work activities, the consequences can go far beyond a simple internal dispute.

In recent months, several Spanish courts have once again ruled on an increasingly common employment law issue: can a company dismiss an employee for what they post on social media?

In certain cases, the answer is yes.

But beyond these recent rulings, these situations raise an issue of particular importance for organisations: how to manage the use of social media in the workplace and what preventive measures companies should implement to minimise risk.

When a Social Media Post Becomes an Employment Issue

Recent case law has confirmed several cases in which courts have upheld disciplinary dismissals related to content published on social media.

Examples include situations such as:

• Recording and posting TikTok videos during working hours.
• Using the company uniform in publicly shared content.
• Publishing content from the workplace or using company facilities.
• Posting offensive or defamatory comments about the company, managers, or colleagues.
• Sharing content that could damage the company’s reputation.

One of the key aspects is that the conduct does not necessarily have to take place during working hours for disciplinary action to be justified.

If a post causes reputational damage, breaches the employee’s duty of good faith, or directly affects the employment relationship, the company may have sufficient legal grounds to take action.

 

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Freedom of Expression Is Not Unlimited in the Workplace

One of the most common arguments in these disputes is the right to freedom of expression.

However, the courts have consistently held that this right does not protect every type of conduct.

Criticism of an employer may be protected within certain limits, but this protection no longer applies when it involves insulting language, defamatory statements, or conduct that causes direct harm to the organisation.

At the same time, the duty of good faith remains one of the fundamental principles governing every employment relationship.

In other words, what happens on social media can also have employment consequences when it affects the relationship between the employee and the employer.

The Real Challenge for Companies: Prevention Before Sanction

Beyond the dismissal itself, these cases reveal a broader issue.

Many companies still lack clear internal policies governing the use of mobile devices, the recording of images in the workplace, or the publication of content related to business activities.

When these rules do not exist—or have not been properly communicated—managing these situations becomes significantly more complex.

For this reason, organisations should regularly review areas such as:

• Internal policies on the use of social media and mobile devices.
• Protocols governing photography and video recording within company premises.
• Employment contract clauses relating to confidentiality and corporate image.
• The disciplinary framework established under the applicable collective bargaining agreement.
• Internal procedures to be followed before disciplinary measures are taken.

In many cases, the real issue is not the post itself but the absence of a clear internal framework that enables the company to act with legal certainty.

Social Media and Employment Relationships: A Growing Business Risk

TikTok, Instagram, Facebook, and LinkedIn have transformed the way people interact both inside and outside the workplace.

This new reality also requires companies to adapt the way they manage employment relationships.

What once seemed anecdotal can now become a reputational issue, a contractual breach, or even the subject of legal proceedings.

For this reason, organisations need to review their employment policies from a far more preventive perspective, aligned with today’s digital environment.

Is Your Company’s Employment Framework Up to Date?

At Adlanter, we help businesses review their employment policies, adapt internal procedures, and manage risks associated with emerging workplace challenges such as social media use, labour compliance, and disciplinary procedures.

Having a strong preventive strategy helps reduce conflicts and enables companies to respond with greater legal certainty when complex situations arise.