Employees told to steer clear of controversy as companies ramp up social media scrutiny

In the era of memes, HR experts say making discriminatory remarks about coworkers, clients, or customers based on race, religion, gender, etc is a serious offence even if employees label it as “sarcasm”.

One Monday morning, 30-year-old Sandeep Gupta (name changed), a Business Development manager, received a mail from his company stating that his contract had ended. The mail arrived 42 days before the prescribed date, while the project he was working on was ongoing. It turned out that he had been terminated on “ethical grounds”.

According to Gupta, several of his social media posts were flagged by the HR department as being “inappropriate”. The first warning came after he posted on the current situation in the Middle East, the second on proceedings in the Supreme Court, and the third on a comment he made on a political figure.

However, Gupta said there was nothing “inappropriate” in his posts—he said he had just copied and pasted what had already been published. “I just attempted sarcasm with what was already said. There was no addition of my view or the company’s,” he said, adding that the person responsible for flagging social media posts, in this case, HR, wasn’t “capable of judging what exactly is inappropriate”.

Social media checks of employees are not a new story. What has changed is the sensitivity of posts and the workers’ relationship with the company. Earlier only on-roll/permanent employees were under the lens but that's not the case anymore.

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The practice of conducting social media checks refers to a process whereby companies review an individual's social media profiles as part of their screening or hiring process.

Background verification (BGV) firm TraqCheck has observed a remarkable increase of 30 percent in enquiries over the last year about integrating social media checks into hiring protocols.

One in every three of its clients has incorporated these checks into their hiring procedures, said TraqCheck, highlighting the growing importance placed on scrutinising candidates' online presence.

“Social media platforms offer a glimpse into a candidate's character and values, which are crucial considerations for employers. Whether it's a managerial position or a junior role, employers recognise the significance of assessing candidates' online conduct,” said Jaibir Nihal Singh, co-founder of TraqCheck.

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Initially, social media scrutiny was more popular with Fast Moving Consumer Goods (FMCG) and Media and Entertainment industries. However, Singh said it now covers almost all sectors, including finance, technology, healthcare, or marketing, as long as there is a company tag on an employee.

All under the lens?

The extent and frequency of social media checks can differ significantly from one company to another, as well as among different roles and departments within the same company.

Each company may have its own policies and cultural norms regarding the use of social media in hiring. Some companies may prioritise a candidate's online presence and conduct thorough social media checks for all positions, while others may only do so for certain roles or in specific circumstances.

According to Sudhakar Raja, Founder and CEO of BGV company TRST Score, such checks are more common for roles involving public-facing responsibilities or access to sensitive information.

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“This includes both permanent and contractual employees. For roles that require extreme confidentiality on the part of the employee the demand for social media checks will remain,” he said. Sometimes salespeople are on off-roll employment. However, since they are representing the company to the outside world, social media checks are mandated for them.

Siva Prasad Nanduri, CEO at staffing firm DTL, said companies may choose to conduct social media checks on all employees, regardless of their employment status, to maintain consistency and alignment with organisational values.

What triggers red flags?

While there is no such survey for India Inc, a 2023 report said 88 percent of US hiring managers say they would fire employees for content found in workers’ posts.

The Harris Poll commissioned by Express Employment Professionals, found various red flags such as “publishing content damaging the company’s reputation", "revealing confidential company information", and "mentioning illegal drug use”, among others.

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There are some trigger points that may land employees in trouble irrespective of designation and the nature of the association with the employer. For instance, harassment and discrimination against colleagues online (and offline), even if intended as a joke, is clearly not acceptable.

In the era of memes, HR experts say making discriminatory remarks about coworkers, clients, or customers based on caste, race, religion, gender, etc is a serious offence even if employees label it as “sarcasm”.

Further, posting rants or negativity that could reflect poorly on the company's image is also a red flag for employers. There are instances when employees publicly post videos and images, or these are circulated via third parties, creating a ruckus outside work but with a clear indication of which company they belong to, thus eventually landing them in trouble.

“Many companies have social media policies that outline acceptable behaviour and the consequences of violating those policies. If a contractual employee's social media posts breach these policies, the company may have grounds for termination,” said Shashank Agarwal, an advocate in the Supreme Court of India. “Besides internal policies, the terms of the contract between the company and the contractual employee would also be looked into. If there are clauses related to behaviour, conduct, or social media usage, breaching these could lead to termination."

Other than these, the Industrial Disputes Act, 1947, provides a Model Standing Order, which, in turn, provides for termination of an employee in case such an employee misbehaves during his employment, he added.