被辞退后网上发帖,这样“吐槽”算不算侵权?
Ren Min Wang·2025-12-09 00:59

Core Viewpoint - The case revolves around a defamation dispute where a former employee, He, claimed wrongful termination and shared his experiences on social media, leading to a lawsuit from the company for defamation. The court ruled that He did not infringe on the company's reputation as his statements had a factual basis and were not malicious [5][8]. Group 1: Employment and Termination Details - He was hired by the company on September 20, 2023, with a six-month probation period, and was evaluated with a score of 50 out of 100, leading to non-confirmation of employment [1]. - The company officially notified He of his termination on March 15, 2024, citing failure to meet the required standards during the probation period [1][2]. Group 2: Arbitration and Legal Proceedings - He applied for arbitration on April 10, 2024, and was awarded unpaid wages of 676.5 yuan and compensation for wrongful termination amounting to 12,563.92 yuan [2]. - The company contested the arbitration decision in court, but the first-instance court upheld the arbitration ruling [2]. Group 3: Social Media Activity and Company Response - He began posting on social media on September 11, 2024, sharing documents related to his termination and arbitration, using tags like "illegal dismissal" [3][4]. - The company claimed that He’s posts contained false information that harmed its reputation and demanded the removal of the content and a public apology, along with 10,000 yuan in damages [4][8]. Group 4: Court's Ruling on Defamation - The court found that He’s statements were based on factual circumstances surrounding his termination and did not constitute defamation, as they were not made with malicious intent [5][7]. - The court noted that the company failed to provide evidence of actual damages resulting from He’s statements, leading to the dismissal of the company's claims for damages [8]. Group 5: Observations on Public Discourse - While the court ruled in favor of He, it emphasized the importance of responsible expression in public discourse, suggesting that disputes should be resolved through formal channels rather than social media [9].