No one enjoys being at odds with their employer or previous employer. The stress of a hostile work environment or wrongful termination can lead us to venting frustrations. This is great to do with your friends, family, or therapist but should be avoided on social media. Our Walker Law San Diego employment lawyer is here to help you navigate social media amid your employment law claim.
Social Media in Court Cases
Many lawyers will tell you that impulsive or irresponsible use of social media may be what makes or breaks a case. Your online behavior is important in your case, but it is good practice to always be mindful of what you present online. Often, one of the first steps in a legal case is to begin researching the social media posts of the involved parties.
Character
How you present yourself on social media can dramatically affect how the court perceives you. The content you create, post, or share may be scrutinized to determine your general attitudes and disposition. For example, someone who regularly posts supportive comments in groups or in response to others is likely to be perceived differently than someone who regularly engages in fights or name-calling on social media.
Evidence
At times, social media content may be used as evidence in your case and this may work for , or against you. California’s labor code allows the use of social media posts as evidence of wrongdoing. For example, if you pursue a lawsuit for a hostile work environment but regularly post about how loved you feel by your coworkers, this may require additional context or damage your credibility. Similarly, if your supervisor or coworkers are seen posting or sharing things that reflect some of the behavior accompanying your allegations, this may benefit your case.
Privacy and Confidentiality
Many employers will include a clause in their employment paperwork that addresses how company information is or is not to be shared or what is considered private information within the company. If attorneys find a social media post where any of these details are shared, this could negatively impact your current employment and your case.
Social Media Policy in the Workplace
The violation of social media guidelines may catch people off guard in the court process. For example, regarding privacy and confidentiality issues, people unfamiliar with their company’s social media policy may be violating those standards. Sometimes, this may only be brought to light when attorneys comb through posts, and it could be an otherwise innocuous post that causes issues because of when or where you posted it.
Minimizing Liability In Social Media Use
Regarding social media, you may consider that anything you post may be made public, regardless of privacy settings, or could one day be read in court. It is easy to fall into a false sense of security regarding what is private or protected on social media. Many attorneys may suggest you refrain from social media altogether during a lawsuit to mitigate this risk of your posts being used against you or taken out of context and to be mindful of what you post in other situations. If you have concerns about how your social media posts may affect a potential legal matter, you may want to consult with an attorney. Contact an attorney today.
