Not all cases, however, requires progressive discipline—severe cases, such as hate speech, may warrant immediate termination, Markesic says. Therefore, employers should carefully consider the context when choosing a response to social media activity outside of work.

In Royal roadsthe teacher’s conduct, while disruptive, did not meet that threshold, resulting in suspension rather than dismissal. The arbitrator pointed out that “progressive discipline does not always require starting at the lowest penalty … depending on the seriousness of the misconduct, the disciplinary process may begin at any time.”

The importance of clear social media policies

Clear policies are essential for managing behavior outside of the social service. Many workplaces already have anti-harassment and respectful workplace policies that can be applied to employee behavior both on and off the job.

Markesic recommends employers “encapsulate” off-duty behavior guidelines within these broader policies, adding, “It would be hard to just have a blanket, ‘Here’s your off-duty social conduct (policy)’.” This approach ensures that social media behavior is covered without infringing on employees’ freedom of expression.

In Royal roadsthe teacher’s behavior was linked to the university’s anti-harassment policy. The arbitrator pointed out that “there is no evidence that the employer ever suggested that social media communications were somehow exempt from the … policy … These are provisions of general application to all university employees.”