Facebook Posts Will Be Playing A Bigger Role in Employment Suits
The new defense strategy is sifting through a plaintiff''s Facebook and other online profiles to find damaging evidence. At first, courts resisted but now a person's online life is vulnerable. Read about the changing landscape here.
Plaintiffs in employment disputes could find their Facebook postings and pictures becoming part of the case. Claims of emotional distress will be countered by Facebook photos and postings. A person's resume can be cross checked with their Linkedin and Facebook profiles. Basically, the world is becoming transparent - no secrets. Litigation will change.
It is a shame that people cannot freely express themselves online.
Plaintiffs lawyers might want to review a person's Facebook profile before accepting their case because that profile might be evidence in the case.
If a sexual harassment victim claims to have suffered severe emotional distress, you better make sure that her Facebook profile does not recount ski trips or parties or anything that makes her look like she is having fun. If a plaintiff in an employment discrimination case claims that he cannot find alternate employment, there better not be postings of his latest fishing trip or travels overseas on Facebook.
Social networking sites have changed the way we interact with others and they may also impact the way we resolve our employment disputes.
