I recently gave my readers some tips on how to deal with current employees and their off-duty conduct. But what happens if the conduct involves a former employee?
A recent case from Quebec, Servant c. Ritchie, awarded an employer $17,500.00 in damages for a former employee’s false and defamatory post on Facebook after he was fired. (Read the HRM Online article here.)
The same principles apply to former employees as to current ones. If the employer can prove that there is damage to the business, it’s reputation, products or services, there is case law to support the employer’s right to compensation.
Again, the case will hinge upon the investigation, and whether or not there is enough evidence to support the claims being made.