Lavoratore che usa il telefono in ufficio durante l'orario di lavoro
Diritto del lavoro5 min read

Coffee Breaks, Smartphones and Personal Emails: How They Can Legally Fire You for Things You Do Every Day

Company phone for personal use, repeated coffee breaks, Facebook posts against the employer: the Supreme Court has established that many routine workplace behaviours can constitute grounds for dismissal. Here's what to watch out for.

⚡ In brief

The Supreme Court has established that many behaviours considered routine by employees — personal use of company devices, browsing social media during work, unauthorised breaks, forwarding confidential documents to personal email — can justify dismissal because they undermine the trust relationship with the employer. Those who receive a disciplinary sanction have 60 days to contest it.

The Behaviours That Can Cost You Your Job

Many employees do them every day without thinking twice. Yet the Supreme Court has repeatedly ruled that certain workplace behaviours can justify dismissal, even when they seem harmless. Knowing them is the first step to protecting yourself.

Personal Use of Company Devices

Using the company phone for private calls, the company car for personal errands, or the computer to access personal accounts: the Supreme Court has clarified that repeated personal use of company resources undermines the trust relationship and can justify dismissal. In public sector employment, it can also constitute the crime of embezzlement.

Smartphones and Social Media During Working Hours

The Court has recognised the concept of "time theft": systematically using one's smartphone to browse social media during working hours is equivalent to stealing time from the employer.

It's not about an occasional look at a notification. It's about systematic, repeated behaviour during work time that demonstrates deliberate disengagement from work duties.

Forwarding Work Documents to Personal Email

Extracting confidential documents from the company infrastructure — even for apparently innocent purposes like working from home — can violate duties of loyalty and constitute the crime of unlawful access to a computer system. Always use company tools provided for remote work.

Criticising the Employer on Social Media

Criticism is protected by freedom of expression, but has limits. Posts that damage the employer's reputation, defame colleagues, or contain confidential information can justify dismissal. The boundary is between legitimate criticism (even harsh) and conduct damaging to the company.

What to Do If You Receive a Disciplinary Letter

  • You have 5 days to present your justifications (unless the CCNL sets a different deadline)
  • If a sanction is imposed, you have 60 days to contest it in writing
  • In the following 180 days, file a claim with the tribunal or initiate conciliation
  • Contact a lawyer or union immediately

Frequently asked questions

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