Increasingly often employees share such information on social media.

Can they do it? Yes, they can.

Is it online hate speech against the employer? Objectively provided information is not hate speech, but combining the fact of being fired with a personal message will probably cause hate on the part of the recipients of this information.

What can an employer do?
Not much. The employer is restricted by the GDPR and the regulations concerning the protection of personal rights of employees.

The employer cannot:

1. make public the termination notice or notice of termination on disciplinary grounds
2. inform about the reasons for termination of employment, if they concerned the employee (e.g. improper performance of duties)
3. inform about the reasons not concerning the employee, but related to the person (e.g. termination due to a long-term illness, being held in custody or loss of professional qualifications, e.g. a driving licence)
4. inform about benefits granted to this specific employee in relation to the termination of employment that could show the employee in bad light.

The employer can:

1. present the background of the termination of employment, if it concerns the employer, e.g. reorganisation, reduction of positions etc. without indicating specific criteria for making decisions in terms of terminations. However, extreme caution needs to be exercised in terms of the scope of this information and its wording.
2. present their actions related to limitation of layoffs, granting additional benefits, building organisation culture etc.

Is there any point reacting to such communication from employees?

In a public domain – it depends. Sometimes we may not have anything to say because of legal restrictions and the risk of claims. Sometimes the process of layoffs may have gone wrong and it is better to put a veil of silence over it, but draw conclusions for the future. At other times, it may be better to give a helping hand to the terminated employee. There is no one way of doing it.

In relation to the employee – it is always worth reacting.
 

Find more in the PRO HR September 2024