Political Content on Company Devices – Disastrous Consequences!

If an employee’s political activity—intentional or not—risks reputational damage to your organization or impedes its’ ability to perform its’ role, your organization could be exposed to legal liability.

In today’s digital age, the line between personal expression and professional conduct is increasingly blurred. A recent incident involving a French scientist denied entry to the U.S. after officials discovered messages critical of the Trump administration on his phone underscores the complexities surrounding political content on personal devices. This event highlights the potential ramifications of political discourse in professional contexts and raises questions about employer liability when such content is created or disseminated using company property.

Understanding Employer Liability

Employers can be held accountable for their employees’ actions, especially when those actions are done using company resources. If an employee shares political content that is defamatory, harassing, or discriminatory using company devices or platforms, the employer may face legal repercussions. This is particularly pertinent in Canada, where workplace policies must balance respect for individual rights with the need to maintain a professional and inclusive environment.

Termination of Employment

From the employer side, there’s also the possibility that an employee’s use of company devices for political activities—particularly where it leads to criminal charges, denial of entry at borders, or public backlash—may result in the employer deciding to end the employment relationship and terminate the employee with or without just cause. The employer may then be faced with a wrongful dismissal claim.

Frustration of Contract

Frustration occurs when an unforeseen event renders the continuation of the employment relationship impossible or radically different than intended. If an employee’s conduct (such as posting political content that results in denied travel, public outrage, or breach of trust) prevents them from fulfilling their job duties, especially in roles requiring international travel or client-facing responsibilities, an employer may end the contract based on frustration without providing notice, termination pay or severance. This may also result in a wrongful dismissal claim against the employer for the employee’s damages.

Developing Comprehensive Policies

To mitigate risks associated with the personal use of company property for political content, employers should establish clear, comprehensive policies. Key components of such policies include:

1. Define Acceptable Use: Clearly outline what constitutes acceptable personal use of company devices and networks. Specify the extent to which employees can use company property for personal activities and highlight any restrictions related to political content.

2. Prohibit Political Activities on Company Premises: Implement rules that prohibit conducting political activities on company premises or using company resources. This includes using company email, bulletin boards, or other communication tools to promote political ideas or candidates.

3. Emphasize Professional Conduct: Remind employees that they represent the company and that their conduct, including online behavior using company devices, should reflect the organization’s values and maintain its reputation.

4. Implement Monitoring Measures: Inform employees that the company reserves the right to monitor the use of its equipment to ensure compliance with policies. Clearly communicate the scope and nature of such monitoring to maintain transparency.

5. Outline Consequences: Detail the disciplinary actions that may result from policy violations, ranging from warnings to termination, with or without just cause, depending on the severity of the infraction, to the employment contract being frustrated i.e., at an end.

Balancing Rights and Responsibilities

While employers have the right to regulate the use of company property, they must also respect employees’ rights to privacy and freedom of expression. In Canada, individuals have a right to privacy at work, even when using employer-provided equipment. Therefore, any monitoring or restrictions should be conducted in a manner that is respectful and compliant with privacy laws.

The intersection of personal political expression and professional responsibilities is a delicate area that requires careful navigation. By developing and enforcing clear policies regarding the personal use of company property, employers can protect themselves from potential liabilities while respecting their employees’ rights. Regular training and open communication about these policies will further ensure that both parties understand their rights and obligations, fostering a respectful and compliant workplace environment.

Do You Know How Your Employees Are Using Company Devices?

If an employee’s political activity—intentional or not—risks reputational damage or impedes their ability to perform their role, your organization could be exposed to legal liability. Does your current workplace policy address this risk?

Minken Employment Lawyers (Est. 1990) can help draft or review your policies to ensure you’re protected. Let’s ensure your workplace is equipped for today’s challenges. Call us today at 905-477-7011 or email contact@minken.com to schedule a consultation and learn how these changes affect you. Visit minkenemploymentlawyers.com.

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Please note that this article is for informational purposes only and does not constitute legal advice nor should it be relied on as legal advice or opinion.