Social media has become such an ingrained part of our culture, it is natural to inform our friends about the joys of our lives just as much as the troubling times. For instance, it has become commonplace for us to communicate how happy we are after we have tied the knot or how we are celebrating a particular holiday.
In the same vein, we have become used to asking for support in times of trouble and for venting when things go wrong. So when a person’s employment is terminated wrongfully, it is just as common for them to complain over Facebook or Twitter.
While this may be cathartic for someone who is scarred emotionally, it may not be helpful in the midst of a wrongful termination lawsuit.
Essentially, what you have learned by watching crime dramas on television may also apply when it comes to wrongful termination cases; “what you say can, and will be used against you in a court of law.” Simply put, posts on social media and email correspondence can be discovered and used in litigation.
These communications permanent pieces of public record that show when the statements were made. If they were made during working hours, (ostensibly when an employee is supposed to be working) they could negatively affect your case. It could satisfy a proper reason that an employer would need in order to end your employment. Remember free speech laws apply to a government entity limiting what you can and cannot say, not a private employer.
If you have questions about how to handle social media communications, an experienced attorney can help.