We notice time and again that in "social networks" such as Facebook, Google+ and Twitter, users utter insults and violate the rights of others with complete abandon. In particular, insults are often made towards employers and superiors.
However, we can only strongly advise against such behaviour.
In a judgement of 10.10.2012, ref.: 5 Sa 451/12, the Regional Labour Court Hamm (LAG Hamm) found that a trainee who insults his trainer on Facebook can be dismissed without notice.
The trainee had posted on Facebook that his trainer was a "human abuser and exploiter". He also wrote that he had to do "stupid shit for minimum wage minus 20 per cent". The Higher Labour Court (LAG) in Hamm considered these comments to be an insult to the trainer. The statements had been accessible to a large number of people via Facebook, so the trainee could not assume that these statements would have no effect on the continuation of the training relationship.
The Duisburg Labour Court also found in a judgement of 26.09.2012, ref.:5 Ca 949/12, that gross insults of the employer or colleagues in social networks such as "facebook" can justify dismissal even without a prior warning. In the opinion of the labour court, such an entry cannot be equated with a literal statement among colleagues, but rather encroaches on the rights of the persons concerned in the long term, since the entry can be read again and again as long as it is not deleted. In the case to be decided, it was also irrelevant from the point of view of the labour court whether the entry was only accessible to the so-called friends and friends of friends on "facebook" users. It was undisputed between the parties that a large number of work colleagues were "facebook" friends of the plaintiff and had read the entry.
It is also not advisable to adopt offensive statements by third parties and, for example, to "share" another person's post on Facebook or to confirm it with the "Like" button. This constitutes a so-called "appropriation" of the person who "shares" the corresponding post or confirms it with the "Like" button. This has the legal consequence for the respective user that the article is to be evaluated in the same way as if the respective user had written this post himself/herself.
Therefore, if another person posts negative articles about your employer and/or your superior on social networks, you should think very carefully about "sharing" this article and/or "owning" it with the "Like" button.
We strongly advise you not to make and publish statements about your employer and/or your supervisor on social networks.
You must always bear in mind that you are addressing a relatively large group of people with a post on a social network and never know to whom your "friends" in social networks will forward and/or send your post.
Therefore, the following always applies before you publish a post in social networks:
Think first - then post!
Sources: Press releases of the Hamm Regional Labour Court and the Duisburg Labour Court
Goldberg Attorneys at Law 2012
Attorney at Law Michael Ullrich, LL.M. (Information Law)
Specialist attorney for information technology law
E-mail: info@goldberg.de
