If you are exercising your rights by pursuing a workplace discrimination case, it is important to exercise caution on social media until your case has been resolved.
Posts, comments and even your interactions with others’ content can potentially impact the outcome of your legal proceedings. If you can, it’s likely a good idea to refrain from using social media altogether right now. But, if you can’t do that for whatever reason, you’re going to want to treat everything you do – regardless of the strength of your privacy settings – as something that your current and/or former employer will view and potentially use against you.
What’s the big deal?
Social media platforms can serve seemingly conflicting purposes in legal cases. Just as posts can potentially support a claim of discrimination, they can also undermine it. Defense attorneys routinely scour social media for evidence that could contradict the claims or character of workers who assert their rights. Therefore, it’s essential to consider how each post could be perceived out of context.
As alluded to above, privacy settings may give you a false sense of security in this regard. The reality is that once something is posted online, it can be difficult to control who sees it. Friends of friends or connections within your professional network could have ties to your employer, unintentionally extending the reach of your posts. In some cases, courts have even granted requests to access private social media content if deemed relevant to the case.
Finally, how you present yourself publicly can influence the perception of your character and, by extension, your case. Demonstrating a restrained online presence can favorably impact how judges, juries and opposing counsel view your seriousness and credibility. Furthermore, showing discretion can strengthen your position in settlement negotiations, as it demonstrates a mature approach to resolving your legal dispute.
For all these reasons and more, it is wise to approach social media with caution and strategic consideration during employment-related legal disputes. During a workplace discrimination case, how you conduct yourself online can significantly influence both the legal process and its outcome. Your digital footprint can either serve as a tool for advocacy or as a stumbling block to achieving justice.
