Can my employer dictate how I behave in my free time, for example, what I post on social media?
August 4, 2022 | 30,00 EUR | answered by Sofia Vöss
Dear lawyer,
I am reaching out to you with an urgent question regarding my employment relationship. My name is Dietrich Brandes and I have been working as a marketing employee in a medium-sized company for three years. Lately, I have noticed that my employer is very careful about what I post on social media and how I behave in my free time.
I am generally a very active user of platforms like Facebook, Instagram, and Twitter, and enjoy sharing photos and posts from my personal life there. However, my employer has repeatedly pointed out to me that my behavior on social media reflects back on the company and that I should therefore refrain from sharing certain content.
I feel very restricted by these guidelines and wonder if my employer even has the right to dictate how I behave in my free time. Can he really tell me what to post on social media and what could be the implications for my employment relationship?
I am very concerned about my privacy and personal freedoms. Are there legal options to resist these guidelines from my employer? What can I do to protect my rights and safeguard myself from potential consequences?
I thank you in advance for your help and look forward to your support in this matter.
Sincerely,
Dietrich Brandes
Dear Mr. Brandes,
Thank you for your trust and your inquiry regarding your employment relationship and the guidelines set by your employer regarding your activities on social media. It is understandable that you are concerned about your privacy and personal freedoms, especially when your employer tries to influence your behavior outside of working hours.
It is important to know that your employer has certain control rights regarding your behavior on social media. Even outside of working hours, statements and actions that can be associated with the employment relationship may have legal consequences. This means that your employer may have the right to set certain guidelines regarding your activities on social media, especially if it could harm the reputation of the company.
However, there are also limits to the control capabilities of your employer. Employers are generally not allowed to intrude into the private sphere of their employees and cannot monitor them arbitrarily. Restricting freedom of expression and the right to informational self-determination is not permissible. So if your employer asks you not to share certain private content on social media, it must be directly related to the work activity and not arbitrary.
If you feel that the guidelines set by your employer restrict your personal freedom, you should first have a conversation with your employer and try to find a solution that is acceptable to both parties. If this is not possible, you may consider seeking advice from a specialized employment lawyer to explore legal options and defend your rights.
It is important that you know your rights and seek legal advice if in doubt to avoid any potential consequences. I hope that my explanations are helpful to you and I am available to answer any further questions.
Sincerely,
Sofia Vöss, Attorney at Law
