Employee complains about company on social media and gets sick

The labor court is known for protecting workers, but there are cases where this notoriety does not apply.

The Labor Court is known for protecting workers, but there are cases where this fame eventually falls apart in the face of the balance between the protection of honor and the limit imposed on the constitutional law guaranteeing freedom of expression in its capacity , including in the social networks and other types of communication channels.

An example of this is a recent case in which the labor court ruled that there was exaggeration on the part of the then employees in criticizing the respective employers. In this case, it is possible to observe a situation involving a former employee who made negative comments on LinkedIn about the company he worked for, and who decided to file a lawsuit against him.

The judge took into account both the restriction on the ex-employee’s freedom of expression and the impact on the image and reputation of the company in question. Under the judge’s understanding, the ex-employee was only allowed to vent at the procedure meeting. The spread of criticism of his social network, which crossed the boundaries of free speech, had enough potential to make it difficult to hire new employees and ultimately spread a terrible image of the company among current subordinates.

Faced with this situation, the former employee was eventually ordered to indemnify the company for moral damages in the amount of R$6,600.00. Case no. 0011504-30.2020.5.15.0011 is in the appeal stage and is being heard by the Barretos Labor Court (SP).