Digital Misconduct: What your employees do online is still your problem

Here’s a topic that in my opinion doesn't get enough airtime in business conversations:

Online misconduct

The reality is that work doesn't just happen in an office anymore. It happens on Slack, in Zoom calls, on Teams, over DMs, in shared drives, and yes, believe it or not, on personal social media accounts at midnight.

And the rules? Well, they still apply.

Online misconduct carries the same weight as in-person misconduct. This is the part that surprises A LOT of managers. Canadian employment law hasn't changed its core principles, but the context has shifted dramatically.

Harassment, discrimination, and behaviour that damages your workplace culture or your business reputation can still justify discipline or dismissal, even when it happens online or off the clock.

An offhand comment on social media can go viral in minutes and drag your business reputation right along with it. A harassing message in a private chat can create a hostile work environment even if your team never shares a physical space.

So, what does harassment actually look like in a digital workplace?

It's not always obvious.

In virtual settings, misconduct can show up as:

• Mocking someone with emojis in a group chat

• Excluding someone from team channels or conversations

• Sending persistent messages outside of work hours

• Derailing or talking over someone repeatedly in virtual meetings

These things might seem minor in isolation. But they're not. And as an employer, you still have a duty to maintain a safe workplace, whether that workplace is a physical office or a Slack channel.

Here’s what small businesses need to have in place and should be thinking about, and where I see a lot of gaps:

• A clear digital conduct and social media policy: if you don't have one, you need one. Period.

• Understanding that off-duty behaviour counts: it doesn't matter if someone posted something on their personal device at midnight. If it intersects with your workplace, your people, or your platforms, it's fair game.

• Knowing how to document it: modern workplace investigations need to include screenshots, timestamps, and chat logs. You don't need expensive forensic software for most cases. Screenshots and off-the-shelf tools will handle the majority of situations. Just make sure you're saving the evidence properly.

• Following due process: just like any other misconduct, the documented digital evidence needs to be put to the employee for their response before you take any disciplinary action. No shortcuts here.

The digital workplace is not a grey area, it just requires updated thinking and updated policies. If your workplace policies were written before remote work, hybrid teams, and social media became part of everyday work life, they probably need a serious refresh.

Your employees' online behaviour is an extension of your workplace and speaks to your culture. Treat it that way - and make sure your policies do too.

Not sure if your policies are up to date?

That's exactly the kind of thing I help small businesses sort out.