Apple уволила сотрудника за нелестные отзывы в Facebook

Firing Upheld for Employee’s Negative Facebook Posts

November 1, 2011

The British government’s Employment Tribunal has upheld Apple’s firing of a retail store employee who posted negative comments about the stores and the company on Facebook, saying the company had a formal and clear policy that prohibited negative comments posted to social media Web sites. After being fired for “gross misconduct,” the employee named Crisp appealed to the UK labor agency, noting that the posts had been tagged as private. As analyzed on the People Management Web site by attorney Jamie Hamnett of the law firm Addleshaw Goddard LLP, a key element of the tribunal’s decision was that Apple, “made it absolutely plain throughout the induction process that commentary on Apple products, or critical remarks about the brand, were strictly prohibited.” Hammett noted that the tribunal took into account that such comments “would be particularly damaging for Apple as image is so central to its success.” Therefore, “Apple successfully argued that it was justified and proportionate to limit this right (of posting) in order to protect its commercial reputation against potentially damaging posts.”

Even private posts on Facebook can be copied and distributed, the tribunal pointed out. In this case, a co-worker was one of Crisp’s Facebook friends, and copied the posts and shared them with the Apple store manager.

Hammett said the tribunal’s decision serves as a warning for employees who use social networks. “Once posted, it will be difficult to show the necessary degree of control over Facebook comments as—by the very nature of the Internet—these may be copied and passed on with ease.” The case should also remind employers that they should have, “a comprehensive social media policy that prohibits derogatory remarks about the business and its products on social networks, and states clearly that a breach of the policy could result in disciplinary action, up to and including summary dismissal.”

In general, Apple retail employees are allowed to post on the Internet, but cannot include the company’s name or mention their employment at Apple.


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