Managing Social Media Attacks by Employees & Ex-Employees

In today’s digital age, social media platforms offer individuals a powerful voice, which can be both a boon and a bane for businesses. When an employee or former employees use these platforms to express grievances or share negative comments about their previous employers, the repercussions can be significant. Such posts can damage a company’s reputation, affect client relationships, and even impact employee morale.

At Butcher & Barlow, we understand how damaging this type of behaviour can be and, more importantly, how difficult it is to know how best to respond. Asim Din, Commercial Dispute Resolution specialist explores practical and legal options to help you protect your business and reputation when rogue employees or ex-employees take to social media.

Understanding the impact of negative social media posts

When an employee or ex-employee airs grievances online, the potential for reputational damage is significant. Social media platforms allow for instant publication to wide audiences, and once harmful content is shared, it can be difficult to fully erase.

Disparaging comments from ex-employees can manifest in various ways, including:

• False Allegations: Claims about unethical business practices or mistreatment of staff.​
• Negative Reviews: Unfounded poor reviews on platforms like Glassdoor or Indeed.​
• Confidential Information Disclosure: Sharing proprietary or sensitive company information without authorisation.

The fallout can go far beyond reputational damage. Relationships with clients, suppliers and even potential new recruits can all be affected if damaging posts gain traction. That is why it is so important to act quickly, appropriately, and with expert advice.

Immediate steps to address disparaging posts

Your first instinct might be to respond publicly or contact the individual directly. However, the initial focus should always be on gathering clear, time-stamped evidence.

Steps to take include:

• Capture screenshots, note timestamps, and gather URLs of the offending posts. This evidence is crucial for any subsequent actions.
• Determine the reach and potential impact of the posts. Are they gaining traction? Could they harm your business’s reputation or operations?
• Making a note of any replies, comments, or additional context that could be relevant.
• Avoiding knee-jerk public responses – even if the comments are inflammatory, responding in the wrong way can escalate the issue

Having a clear and comprehensive record of the posts and their reach will help you assess the level of harm caused and provide useful evidence if legal action or dispute resolution becomes necessary.

Legal remedies available

If the content posted is false and damaging to your business’s reputation, you may be able to take legal action under defamation law. In England & Wales, businesses can bring defamation claims if the publication has caused, or is likely to cause, serious financial or reputational harm.

Legal options include:

• Cease-and-desist letters: A formal letter requiring the individual to remove defamatory content and refrain from posting further harmful material. This is often the first step and can be highly effective in stopping further damage.
• Injunctions: In more serious cases, it may be appropriate to seek an injunction to prevent the publication or further spread of damaging content.
• Defamation Claims: Under the Defamation Act 2013, businesses can sue if they can demonstrate that the statements have caused or are likely to cause serious financial loss.
• Breach of contract claims: If the employee or ex-employee is bound by confidentiality clauses or post-termination restrictions (often found in employment contracts or settlement agreements), you may have grounds to pursue a claim for breach of contract

It is important to consider whether legal action will achieve the desired outcome or simply risk further public attention. That’s where expert legal advice is essential.

Managing the fallout

It is always important to keep a focus on the broader reputational picture in matters such as this.

Steps to manage your business’s reputation include:

• monitoring online mentions and keeping track of any further damaging content
• responding, where appropriate, with professional and fact-based statements to reassure clients, customers, and stakeholders
• taking care not to escalate the situation with overly defensive or emotional responses
• engaging a professional reputation management service if the online content has already reached a wide audience or is affecting search engine results

In some cases, the best approach is to remain silent and avoid giving the individual further publicity – but this should always be considered on a case-by-case basis with the support of experienced advisers.

Preventing future issues

While this article focuses on resolving disputes once they arise, prevention is always better than cure. One of the most effective ways to reduce the risk of harmful social media activity by employees or ex-employees is to have clear, well-drafted policies in place from the outset.

Our Employment Law & HR Team can help you put together robust policies covering social media use, confidentiality, and post-termination conduct, giving you a solid foundation to protect your business in the future. Combining preventative measures with effective dispute resolution ensures your business is as resilient as possible.

How Butcher & Barlow can help with disputes

At Butcher & Barlow, we understand how distressing it is to see your business attacked online – particularly when those posts come from people who were once part of your team. Our experienced Dispute Resolution Team can:

• Assess the legal position, advising you on whether the content is defamatory, breaches confidentiality, or infringes any contractual terms
• Help you take swift and appropriate action to protect your reputation
• Explore practical solutions, including dispute resolution and mediation, to resolve matters quickly and cost-effectively
• Guide you through the process with clarity, professionalism, and understanding – ensuring we protect not just your legal position but your business’s reputation as a whole

If your business is facing challenges due to disparaging social media posts by a current or former employee, please reach out. Our Dispute Resolution Team will work with you to protect your reputation and resolve the issue as quickly and efficiently as possible.

Asim Din can be contacted at adin@butcher-barlow.co.uk or on 01606 334309

 

 

 

 

 

The information in this article was correct at the time of publication. The information is for general guidance only. Laws and regulations may change, and the applicability of legal principles can vary based on individual circumstances. Therefore, this content should not be construed as legal advice. We recommend that you consult with a qualified legal professional to obtain advice tailored to your specific situation. For personalised guidance, please contact us directly.