Social Media in Litigation
Updated: Nov 9, 2018
Social media, including but not limited to Facebook and Twitter, affects employees, employers and litigants in general. Sometimes, Facebook comments may justify dismissal, depending upon the nature of the comments and the context in which they are made, even if made outside of work hours.
The use of social media has become commonplace as it relates to human resources and employment issues. For example, employers often review social media profiles of a job applicant and some employers demand that job applicants provide access to their Facebook account prior to presenting a job offer.
Some best practices that employers may implement to address social media issues, include, but are not limited to:
(i) Internet misuse policies;
(ii) Social media policies;
(iii) Tailoring appropriate remedies for unique situations.
Before posting something that you may be unsure of, seek legal advice. If employers do not have policies in place or existing policies inadequate, it is prudent to seek appropriate legal advice to avoid and/or reduce potential liability.