Categories: Insights, Case Law


27 May 2018

Lawful dismissal of those who offend their company on Facebook

The Court of Cassation, with judgement No. 10280 published on 27 April 2018 reviewed the case of a dismissal ordered to an employee who had published disparaging statements and negative comments against her employer and its representatives on her Facebook page. In particular, the Supreme Court, in confirming the decision of the judges in charge of the case, noted first of all that the conduct of the worker – although not intending to relate it to the volitional act of malice – may certainly fall within a case of serious negligence and, therefore, such as to cause damage to the bond of trust between the parties. Similarly, regarding the objective element, the Supreme Court has pointed out that “spreading a slanderous message through Facebook leads to a potential situation of defamation, for its potential ability to reach an indefinite number of people”, thus proving to be capable, also in this respect, of breaking the bond of trust at the basis of any standard employment relationship. In essence, this ruling confirms the case law trend that deems lawful those disciplinary dismissals ordered for the improper use of social networks.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

1 Oct 2026

Corporate e-mail and defensive monitoring: when the GDPR and employment law lead to different outcomes 

The Piaggio case clearly illustrates how the same set of facts can give rise to profoundly different assessments depending on the perspective adopted. In its decision of 13…

1 Oct 2026

NASpI and Reinstatement: the Employee’s Election Causes Loss of the Benefit 

Headnote   In its recent judgment No. 24981 of 3 September 2026, the Italian Supreme Court held that, where a dismissal is set aside with an order of reinstatement…

1 Oct 2026

Did you know that… testimony given in court may have disciplinary relevance and, in the most serious cases, justify dismissal? 

The Italian Supreme Court, Labour Section, by order no. 25687 of 22 September 2026, addressed the issue of the disciplinary relevance of statements made by an employee in…

29 Sep 2026

Shadow AI in the workplace: how to govern risks, data, and security (Agenda digitale, 29 September 2026 – Vittorio De Luca and Martina De Angeli)

The spread of artificial intelligence tools used without corporate authorization exposes businesses to risks involving personal data, confidential information, know-how, and cybersecurity. To govern Shadow AI, organizations need…

24 Sep 2026

The concept of “territorial scope” in a non-compete agreement (Top24 Lavoro Ai – Il Sole 24 Ore, 24 September 2026 – Vittorio De Luca and Alessandro Ferrari)

Interpretative issues in light of the most recent case law on the nullity of non-compete agreements due to the indeterminacy of territorial scope By an order issued on…

16 Sep 2026

Did you know that… repeated violations of company procedures may justify the dismissal of a store manager?

The Italian Supreme Court (Labour Section), in Order No. 25231 of 11 September 2026, upheld the lawfulness of the dismissal for just cause of a store manager who…