Employees do frequently express frustrations about their jobs on social media. But can an employer simply interpret a negative Facebook message as a final resignation? The answer is usually no; the will to resign must be absolutely certain and unambiguous. If the employer does unilaterally terminate the employment contract on the basis of a misinterpretation, it is terminating the contract itself irregularly and risks having to pay a hefty termination fee.<\/p>\n\n\n\n
A case before the Labor Court involved the following situation:<\/p>\n\n\n\n
The Labor Court of Liege, Liege Division ruled decisively against the employer in a judgment dated May 16, 2024, and awarded the employee severance pay. The court reasoned this as follows:<\/p>\n\n\n\n
In Belgian labor law, the unilateral termination of an employment contract is subject to strict rules. A resignation (the employee's will to break the contract) may never be presumed. There must be a certain and unequivocal expression of will.<\/p>\n\n\n\n
Statements made in a friendly atmosphere, on social media, or on an emotional whim, rarely carry that certainty. In this particular case, the employer seemed to opportunistically abuse the situation. By twisting factual statements about a suspension due to illness into a desire for contract termination, the employer became a victim of its own demarches. This judgement demonstrates that those who wrongfully establish and invoke the other party's irregular breach of contract are, in fact, irregularly terminating the contract themselves. As a result, the employer is liable for the statutory severance pay.<\/p>\n\n\n\n
Can a statement on Facebook legally count as dismissal?<\/strong> What happens if the employer still considers my online words unfairly dismissed?<\/strong> A dismissal may never be based on interpretations or suspicions from an informal Facebook message. In Belgium, there is only dismissal when there is an absolute, unequivocal expression of will. If an employer acts prematurely, the situation turns against him and he risks substantial severance pay.<\/p>\n\n\n\n
No, as a rule, it does not. A valid dismissal requires a certain and unambiguous expression of the employee's will to terminate the employment contract. Informal conversations with friends on social media do not meet that strict requirement.<\/p>\n\n\n\n
If your employer mistakenly considers you redundant and stops your employment, the employer actually terminates the employment contract itself in an irregular manner. You are then entitled to a payment of severance pay.<\/p>\n\n\n\nConclusion <\/h2>\n\n\n\n
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