Can leaving while on leave or recording trends at work give just cause? Understand the limits

Nursing technician was fired after recording a trend in hospital Reproduction/Instagram by Sirlany Maria Two cases involving dismissals for just cause drew attention this week and raised doubts about in which situations an employee's behavior can lead to this type of dismissal. In Goiás, a nursing technician was fired after recording and publishing on social media a video of a trend inside a hospital in Jataí, in the southwest region of the state. (understand the case) ?? Do you have any suggestion for a report? Send it to g1 In Blumenau, Santa Catarina, the Labor Court upheld the dismissal for just cause of an employee caught dancing at Oktoberfest while he was away on medical leave. (understand the case) ? After all, when can an attitude lead to a just cause? Can the attestation worker leave the house? And can recording videos during working hours result in dismissal? The answer is: it depends. Nursing technician is fired after recording a trending video inside the hospital Worker on leave with a certificate is fired for just cause after being seen dancing When can conduct lead to just cause? Dismissal for just cause is the most serious punishment that can be applied to a worker. The CLT provides for a series of situations that can lead to this type of dismissal, such as job abandonment, indiscipline, insubordination, negligence and acts of improbity, in addition to physical or honor offenses. But committing an irregularity at work does not automatically mean that the employee can be fired for just cause. According to Ricardo Calcini, professor of Labor Law at Insper, the company needs to analyze the seriousness of the behavior and have evidence of what happened and who carried out the act. It is also necessary to assess whether the episode is related to work and whether the punishment is proportional to the offense committed. “The company needs to prove that the conduct was serious enough to break the relationship of trust with the worker”, explains Calcini. In practice, the more serious the offense, the more severe the punishment can be. In less serious situations, the company may first resort to measures such as warning or suspension. This does not mean, however, that every employee needs to receive a warning before being fired for just cause. According to Calcini, when the misconduct is serious enough to break trust between employee and employer, dismissal can be applied directly. Professional history can also be included in this assessment. An employee with many years at the company and no previous punishments, for example, may have this factor taken into account. On the other hand, warnings, suspensions and repetition of inappropriate behavior can count against him. Labor lawyer Zilda Ferreira reinforces that an attitude can be considered irregular and deserve punishment without necessarily being serious enough to lead to just cause. “It is not enough to prove that the employee did something inappropriate”, says the labor lawyer. Therefore, according to experts, each situation needs to be analyzed individually, taking into account what happened, the seriousness of the act, the available evidence and the employee's history. Just cause for working 4 minutes more: when can working overtime become grounds for dismissal? Can I leave the house while on sick leave? Yes. Being away from work due to a medical certificate does not mean that the employee is obliged to remain indoors for the entire period, explains Calcini. Going to a party, show or other event while away from work does not, in itself, constitute a reason for just cause. According to the professor, the certificate removes the employee from the obligation to attend work, but does not mean that he or she has to remain at home for the entire period. The main point is to know whether the activity carried out is compatible with the illness or injury that caused the absence and with medical recommendations. What can justify dismissal is not the leisure itself, but the incompatibility between the activity carried out and the attested illness or injury. Zilda explains that factors such as the type of illness or injury, the activity performed, its intensity and duration and any impact on recovery must also be considered. Furthermore, the situation may be more serious if there is evidence of fraud in obtaining or using the certificate. In the case of the Santa Catarina employee, an important element is that, according to the process, the certificate determined absolute rest for 90 days. Six days after the accident and broken ankle, he was caught dancing at Oktoberfest. According to Calcini, when there is an express instruction to rest and the employee carries out an activity that is incompatible with it, the behavior can be considered serious and, depending on the circumstances, lead to just cause. Employee is fired after going to the beach while on sick leave; Justice maintains just cause And record a trend at work? Recording a video for social media during working hours can lead to punishment and, in more serious situations, lead to just cause. But it all depends on the circumstances. According to Zilda, the time spent recording, the frequency of this behavior, possible harm to work, the company's internal rules and the existence of previous episodes must be considered. An isolated and minor episode does not normally support a just cause on its own. Calcini adds that the company can also assess whether there were rules regarding the use of cell phones and whether the recording exposed confidential information, clients, colleagues or the work environment itself without authorization. The location where the video was produced can also make a difference. In hospitals, for example, there are issues related to patient privacy, professional ethics and the institution's own rules. According to Calcini, the use of a cell phone for private purposes, when it does not harm work, is not sufficient, in itself, to justify dismissal for just cause. In other words: recording a trend during the