Digital Misconduct: What Online Behaviour Means for the Workplace

Work used to happen in offices, hallways, and meeting rooms. Today, it happens across Slack threads, Zoom windows, shared drives, private messages, and public social feeds. The digital workplace meanders between in-person and online and reshapes how misconduct appears and how employers must respond. 

Online conduct can attract all the same liabilities to an employer as in-person misconduct. The words and actions of harassment and discrimination now frequently initially emerge from the online space. 

The challenge remains the exponential, irreversible impact of online activity. An offhand comment on social media can go viral in minutes, pulling an employer’s reputation into the fallout. A harassing remark in a private chat can create a hostile work environment even if no one ever shares a physical space. Canadian employment law hasn’t changed its principles, but the context continues to evolve. Misconduct that harms the employer’s reputation, undermines trust, damages working relationships, or interferes with job performance can still justify discipline or dismissal, even when it happens online or off duty. 

What does harassment look like in the remote workplace? In virtual settings, disrespect may appear as mocking emojis, exclusion from chats, derailing comments in meetings, or persistent messaging outside work hours. These interactions still fall under an employer’s duty to maintain a safe workplace. 

To stay ahead of these complexities, employers should consider: 

  • Off-duty online behaviour can still impact workplace reputation. 
  • The inclusion of off-hours online misconduct continues to expand. It doesn’t matter if someone wrote a nasty post at midnight on “personal time” on their “personal device” if the comment still intersects with the workplace people and platforms. 
  • Remote harassment happens through DMs, chats, and virtual meetings, whether public or private. 
  • Employers need clear digital conduct and social media policies. 


Modern investigations must include screenshots, timestamps, and chat logs. There are plenty of apps and software out there to help with this, as well as forensic specialists to dig deep when required. For the vast majority of cases, HR can simply employ the off-the-shelf software and/or take screenshot to save the image for further investigation.  

Like any other evidence of misconduct, the documented digital activity must be put before an employee for response before taking disciplinary action.  

Digital workplaces require digital-age policies that provide flexibility and clarity to keep up with the evolution of technology.  

If your policies haven’t been updated to reflect how your team actually works today, SpringLaw can help you modernize them and navigate any digital-age issues that arise along the way. Connect with us anytime. 

Picture of Lisa Stam

Lisa Stam

Lisa Stam is the founder of SpringLaw and a leading employment lawyer focused on technology, digital work, and modern workplace design. She advises employers on remote work policy, compliance, and workforce strategy, helping teams balance flexibility with legal clarity in an increasingly digital environment.

Share the Post:

Related Posts

Business leader standing in a quiet office, considering a termination decision while an employee is on leave

Can I Terminate An Employee On Leave?

Can an employer terminate an employee during or after leave? Yes, but risk increases quickly. This article explains what employers can and cannot do, where timing creates exposure, and how careful documentation and consistent decision making can help reduce legal risk for employers today confidently.

Read More »
Virtual mentoring conversation with AI-assisted document analysis, showing how mentoring supports judgment and strategy in modern workplaces

Mentoring in the Age of AI 

Mentoring has always mattered, but AI is changing what good mentoring looks like. As tools generate faster, more polished work, the real value shifts to judgment, context, and strategy. Here’s why mentoring is becoming more important, not less, in AI‑enabled workplaces.

Read More »
Birthday cake with gold number 65 candles symbolizing older Canadians working beyond retirement age and the growing senior workforce in Canada

More Canadians Are Working Past 65: Is Your Workplace Ready?

More Canadians over 65 are remaining in the workforce, and employers should ensure their workplace policies and practices keep pace. From age discrimination and accommodations to benefits and human rights obligations, businesses should proactively review how they support older workers in today’s changing workforce landscape.

Read More »

Contact Us

Thank You For Your Interest. Kindly Complete The Form Below. Our Client Services team will be in touch with further information about our fees and intake process.
[grow-contact-form]