Can an employee get fired over social media posts?

Finding a fellow employee on social media can seem harmless at first but can ultimately cost one or both of them their jobs if things take a wrong turn. It’s not uncommon to see stories about employees who were fired because of their online posts which more often than not are reported by colleagues. While social media can help build a career, connect with recruiters and power job searches, it can also cause harm to one’s reputation and probably lead to a job loss. Many employers expect their employees to act appropriately outside of work and for this reason, social media is increasingly becoming an area of concern for employee conduct. In this article, we explore how inappropriate use of social media can have severe consequences for our employment.

The Kenyan Public often assume that their right to freedom of expression is protected absolutely in terms of the new constitution. However, not everyone is aware of the limitations to this right as they ought to be. The right is expressly limited to exclude advocacy for hatred and incitement to violence. The barrier to this right may also arise in employment relationship where an employee knowingly violates the social media policy provided by the employer and as a consequence jeopardizes the business of the employer.