Social media has become a powerful tool for staying connected and expressing personal opinions. However, if you are involved in an employment dispute, whether it involves wrongful termination, harassment or discrimination, it’s important to exercise caution when posting online. What you share on social media can have a significant impact on the outcome of your case, as seemingly harmless posts may be used against you.
Employers and opposing attorneys are increasingly using social media as a tool to gather information about individuals involved in legal disputes. Your posts, photos and comments could potentially be used to challenge your claims or undermine your credibility. For example, a post showing you participating in activities that contradict the nature of your employment claim, such as engaging in activities that suggest you are not suffering from a disability or illness, could be misconstrued and used to argue that you are exaggerating your situation.
Similarly, posts that express anger or frustration about your employer or the case could be seen as inflammatory and may harm your reputation. Any negative comments about the employer or individuals involved in your case could be used to argue that you are biased, which could affect how your case is perceived by a judge or jury.
Privacy settings don’t guarantee privacy
Many people assume that setting their social media profiles to “private” offers full protection. However, privacy settings are not foolproof, and opposing parties may still gain access to your posts through subpoenas or by requesting information directly from social media platforms. Even if your profile is private, anything you post online could still end up in the hands of those involved in your case.
Additionally, you’ll want to think twice before communicating with others about your case generally. Even direct messages or group chats can be discovered during the discovery phase of litigation. Sharing case details or seeking advice from friends or family members could inadvertently damage your case if the information is exposed to the other side.
The safest strategy is to avoid posting anything related to your case while it is ongoing. Refrain from discussing your workplace situation, the specifics of your case or your interactions with your employer on any social media platform unless your legal team has advised you otherwise.
