Offensive comments to employer in social network support just cause

The Regional Court of Work of the 2nd São Paulo region endorsed a sentence applied in case of resignation by just cause involving

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The Regional Labor Court of the 2nd region of São Paulo endorsed a sentence applied in case of resignation by just cause involving the social network Facebook. The body considered how "in>" injury to honor and good fame of the company, especially when the repercussion is considered and the achievement that the information may have, on account of the medium in which it was released ", the offenses made by employer to the employer through Facebook. When the public offenses were checked, it was thought that former employee committed a serious lack. The other requests for the worker's appeal also have not been welcomed, nor those of the company, thus both denied resources.

The same TRT-2, on another occasion, did not accept an application for suspension of worker witness, whose resource alleged intimate friendship relationship between the two parties based, only, in the proof of contact between them on the same social network.

"The use of social networks is increasingly reflecting on labor relations and consequently in the judiciary, as we can follow. Considering the amplitude of access on the Internet, workers disseminate through manifestations their anguish, dissatisfied, joys, basically the daily life of their private and labor lives. With this, as an example, often in the labor sphere proves easily, through photos and testimonies collected on these relationship sites when there is intimate friendship between witness and complainant. The news shared shows an expansion of the personal exposure of the worker, and the reception by the judicial body of this type of "proof", which is often categorically essential for the outcome of the process ",

Explain Luciana Araújo de Freitas Gomes , Labor Lawyer of Carpena Associate Advocates.

"It is not today that labor magistrates propose to seek the real truth by behind the facts that are presented to them. Thus, it was really mere a matter of time for the declarations and data of the procedural parties, exposed publicly in social networks, were used as evidence of allegations or even for the dismantling of such. In the case, the information raised in the social network have been, twice, contrary to the interest of one of the parties; Initially to prove a attitude lesiva to employer, and then to demonstrate the fragility of testimony a witness. This demonstrates that this type of test is gaining each more strength in the labor legal means ",

Aim Vinicius Just Blanco , Contributor of the Labor Area of ​​Carpena Associated lawyers.