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Still summarily dismissed because of LinkedIn

April 2012 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Termination of employment
The Danish High Court has affirmed that it was okay for an employee who was already under notice to be ‎summarily dismissed for criticising management to customers via LinkedIn.‎
In August 2011, Norrbom Vinding commented on a district court judgment concerning a sales rep who ‎was under notice and had been released from the duty to work, but was then summarily dismissed when ‎during the notice period he complained via LinkedIn about the company and why he had been dismissed ‎to an employee of the company’s biggest customer.‎
The district court held that the summary dismissal was justified because of the sales rep’s gross disloyalty. ‎The fact that the sales rep had believed that the correspondence via LinkedIn was private did not change ‎this.‎
Click here to see our earlier commentary on the case. ‎‎
Judgment affirmed
In his appeal, the summarily dismissed sales rep pointed out that no one else had seen the contents of ‎the correspondence, but to no avail. The summary dismissal was justified.‎
The High Court thus let the lower court’s judgment stand, agreeing with its decision and reasoning.‎
Norrbom Vinding notes:
  • that the judgment confirms that employers may be justified in summarily dismissing employees ‎for making disloyal statements about their employer via their LinkedIn profile, regardless of ‎whether the employee considers the correspondence to be private.‎
The above does not constitute legal advice and should not be relied upon as such

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