The issue of dismissal for just cause arising from online conduct is becoming increasingly significant.

In this context, company policies such as internal regulations and codes of ethics, where present play a crucial role.

The use of platforms like WhatsApp and Facebook has transformed the ways in which employees and companies interact, introducing new disciplinary challenges, especially in cases involving offensive or disparaging messages.

A key aspect lies in distinguishing between private and public communications.

Private chats, such as those conducted via WhatsApp, are protected by confidentiality and cannot be used as disciplinary evidence unless they are shared externally.

If such messages remain confidential within a private group, their use by the employer could amount to a breach of the employee’s privacy.

Conversely, posts published on social networks and accessible to a broad audience may be used as evidence in cases involving offensive or defamatory behavior.

Comments or posts that damage the company’s image or harm the reputation of colleagues may justify disciplinary action, even if not directly aimed at the employer.

In cases of dismissal for just cause, it is essential that the disciplinary measure be proportionate to the seriousness of the offense.

If the online behavior is serious but isolated, immediate dismissal may be deemed disproportionate, with less severe sanctions being more appropriate.

Factors such as the severity of the act, the employee’s role, and any prior disciplinary record must all be taken into account.

Freedom of expression, while protected by the Constitution, is limited when such expression causes harm to colleagues or the company.

Therefore, although an employee has the right to express personal opinions online, this right cannot extend to damaging the company’s reputation or disrupting the proper functioning of the workplace.

To prevent disputes, many companies are adopting internal policies governing the use of social media and digital communications.

A clear regulatory framework helps prevent disciplinary issues and protects the rights of both parties.

The boundary between private and public online communication is a delicate one.

Companies must assess when online behavior might undermine the relationship of trust with an employee.

Proportionality in disciplinary measures is essential, and each case must be evaluated in light of the seriousness of the conduct and its context.

Proper management of digital communications supported by clear internal policies is fundamental to ensuring a respectful and productive work environment.

The Law Firm remains available for any further clarification.