Casual legal: Considerations for off-duty social media posts
DISCLAIMER: This article is meant to provide information only and is not intended to provide legal advice. You should seek the advice of legal counsel to address your specific set of circumstances. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this article to be outdated.
By Austin Leask
Reynolds Mirth Richards Farmer LLP
Alberta Municipalities Casual Legal Service Provider
For municipalities, it is common for municipal employees to live in the community where they work and to take part in community life in both their personal capacity and their role as municipal employees. This sometimes creates difficult situations when an employee’s conduct as a private individual, including personal social media posts, is noticed by residents and becomes associated with the municipality itself. The purpose of this article is to outline a few considerations for dealing with problematic social media posts made outside of work.
As a general rule, employers do not have unlimited authority to monitor or control their employees’ online activity when they are off duty. But the Courts and labour boards have looked at this issue, and in some cases have found that it may be reasonable for an employer to discuss, discipline, or in rare situations terminate an employee for off-duty social media conduct.
When deciding whether a response is justified, an employer can consider whether the content of the post or the surrounding circumstances create a real or meaningful connection to the employer or the workplace. For instance, in Ontario, a labour arbitrator upheld a multiday suspension of a firefighter who posted a derogatory comment about women on X (formerly Twitter) while off duty. In that case, the firefighter had at one point identified himself as a “Toronto Firefighter” in his profile, which linked the comment to his employer. The post itself created significant public pushback.
Municipalities should also consider whether they have a clear social media policy for employees. Clear rules and expectations help both sides. When employees understand what is permitted, they can adjust their online activity to align with the policy. This may include guidance about identifying oneself as a municipal employee, avoiding comments that could be seen as bullying or derogatory, or refraining from posting content related to their job. At the same time, municipalities need to recognize that they do not have absolute control over an employee’s off-duty conduct and should aim for a policy that balances the interests of the municipality with the rights and freedoms of the employee.
In the end, online misconduct need not be dealt with differently than misconduct that occurs in person. Generally progressive discipline and opportunities to correct behavior should be considered before termination for online misconduct and in person misconduct.
To access Alberta Municipalities Casual Legal Helpline, Alberta Municipalities members can call toll-free to 1.800.661.7673 or email casuallegal [at] abmunis.ca (casuallegal[at]abmunis[dot]ca) and reach the municipal legal experts at Reynolds Mirth Richards and Farmer LLP. For more information on the Casual Legal Service, please contact riskcontrol [at] abmunis.ca (riskcontrol[at]abmunis[dot]ca), or call 310.MUNI (6864) to speak to Alberta Municipalities Risk Management staff. Any Regular or Associate member of Alberta Municipalities can access the Casual Legal Service.
