When navigating an employment investigation, dispute or lawsuit, it is important to be mindful of your online presence, particularly on social media. What you post, share or comment on can have a significant impact on the outcome of your case.
Even seemingly harmless posts can be misconstrued or used against you by your employer or others involved in your case. Just as it is a good idea for criminal defendants to stay off of social media in order to avoid unintentionally strengthening the prosecution’s case, it’s important for workers who have been discriminated against, harassed, wrongfully terminated, etc. to make a similar effort in order to preserve the strength of their legal position.
Misinterpretation can be damaging
Social media posts are often brief and lack context, making them easy to misinterpret. A post or comment made in frustration or humor can be taken out of context and used to undermine your credibility. For example, if you’re involved in a wrongful termination case and you post about enjoying your time off, the employer could argue that your job loss isn’t affecting you as much as you claim. It’s best to avoid posting anything that could be misinterpreted or used against you accordingly.
Although it can be tempting to vent about your situation or seek support from friends and family on social media, sharing any details about your case, even indirectly, can be detrimental. Opposing counsel may use your posts to build their defense or discredit your claims. This is true even if you use strong privacy settings, as it is possible that your activity will get back to your employer in one way or another.
It is often said that it is better to be safe than sorry. When it comes to social media activity while a legal case is pending, this is certainly true.