Table of Contents
- Intro
- Can you get fired for posting work videos on social media?
- The prescription of faults: 60 days and 6 months
- If the company knew, it consented.
- When the real reason is medical leave
- The time limit to sue: 20 days
- Real case
- Summary
- Frequently asked questions
- Conclusion
1. Introduction
There are more and more redundancies related to social networks: videos recorded at the workplace, company project images or publications on TikTok. But that the company invokes a publication does not mean that the dismissal is valid. Work failures prescribe, and sometimes publication is just the excuse to cover up the real reason for dismissal.
2. Can you get fired for posting work videos on social media?
Publish images of the company without authorization, especially if they reveal confidential information or harm their image, may be considered a fault. But to justify a disciplinary dismissal, the conduct must be serious and guilty, it must be accredited and, above all, the company must punish it in time. In addition, if the agreement so requires, the company must process the Statement of objections and make sure the worker gets it.
3. The prescription of faults: 60 days and 6 months
The Article 60.2 of the Workers' Statute provides that the very serious offences are prescribed within 60 days of the company's knowledge of its commission and, in any case, within 6 months of its commission.
This means that, even if the company says it just found out, if more than 6 months have passed since the fault was committed, it can no longer be punished. If the letter of dismissal refers to videos published almost a year ago, the lack is prescribed and the dismissal cannot be based on it.
4. If the company knew, it consented.
Another key argument is the company's prior knowledge. If the worker sent the videos to his boss before publishing them, for example by WhatsApp, the company cannot claim that they were published without their knowledge. On the contrary, he knew and consunded to these publications. These messages are a fundamental test.
It is also not reproachable that the worker is offered to do other work, provided that he does not give unfair competition to his company: in Spain, multiemployment is permitted.
5. When the real reason is medical leave
When a company fired for old facts that it knew and tolerated, just when the worker was on a prolonged medical leave, it was reasonable to think that the real reason was the loss. In such a case, dismissal may violate the right to equality of Article 14 of the Constitution and Law 15 / 2022, integral to equal treatment and non-discriminationand can be declared null. We explained in our articles about the dismissal for medical leave and violation of the right to equality in the field of work.
6. The time limit to sue: 20 days
To challenge a dismissal There is a period of 20 working days from the date of dismissal. It is a time-limit: if it is allowed to pass, the right to claim is lost. So, in the face of a letter of dismissal, the first thing is to go to a lawyer without waiting.
7. Real case
Our client was fired disciplinarily because, according to the letter, he recorded videos within the company and the works carried out and published them on TikTok. The dismissal was processed with a statement of objections that he never received. The letter itself recognizes that the videos are from October 2025, in particular October 25, and the company claims to have learned on September 7, 2026. As of 18 September 2026 more than 6 months have passed since the publication: the fault has been prescribed.
In addition, our client has WhatsApp messages in which he sent his boss everything he published before doing so, so the company knew and consented to him. We will sue within 20 days on the grounds of the statute of limitations and that the real cause of the dismissal is the prolonged medical leave that it has had since August 2026, which violates the right to equality of article 14 of the Constitution and Law 15 / 2022. The TikTok publications are just the way to mask him.
8. Summary
| Appearance | What does the law say? | Legal basis |
|---|---|---|
| very serious misdemeanours | 60 days since the company knows and, in any case, 6 months since it was committed | Article 60.2 ET |
| Prior knowledge of the company | If you knew and consonted, you can't punish him later. | Evidence: messages to the boss |
| I say goodbye. | May be null and void by discriminatory | Article 14 EC and Law 15 / 2022 |
| Pluriemployment | Permitted, except for unfair competition | Staff Regulations |
| Deadline to sue | 20 working days after dismissal | Article 59.3 ET |
9. Frequently asked questions
Can I get fired for uploading work videos to TikTok?
It may be a fault if it is done without authorization and is detrimental to the company, but the company must punish it within the time limits for limitation and prove its seriousness.
When do you prescribe a very serious misdemeanor?
60 days after the company knows it and, in any case, 6 months after it was committed.
What if I never got the statement of objections?
If the agreement requires such a procedure and has not been properly implemented, it may affect the validity of the dismissal. You should check with a lawyer.
Can you fire me for being on medical leave?
No. If the real reason for dismissal is the loss, it may be declared null and void as discriminatory.
10. Conclusion
A dismissal based on old social media publications may fall due to the statute of limitations, prior knowledge of the company or because it hides the real reason: medical leave. Reviewing the dates of the letter and keeping the messages with the company is the first step in defending itself.
In the area of Labour law from Leynver Lawyers we analyze your letter of dismissal and defend your rights within the legal deadline.
