It’s a brave new world and we are communicating in ways unheard of even ten years ago.  Employers, employees and the law are all racing to catch up to technology both in how to manage its boundaries and the legal challenges it presents to all parties.  More frequently nowadays, employers are implementing social media policies in the workplace as is their right but the employee has freedoms, rights, and obligations as well.  It’s an evolving balancing act between employer rights and employee privacy.

Almost every kind of case has a phase of litigation called “discovery.”  During this phase, both sides collect and analyze evidence to present at trial, including interviewing witnesses, requesting records, retaining experts and the like.  Discovery can also mean that you may be asked to provide a specific time period of any and all online activity you’ve posted or that others have posted about you including Facebook, Twitter, YouTube, Instagram, Reddit, MySpace (yes, still), blog posts, forum posts, emails and anywhere else you interacted with the internet community.

Talking trash about the company on your blog could get you fired.  Creating a meme about your boss can cause trouble too.  Or, maybe you’re trying to bring a lawsuit because your boss sexually harassed you but your Facebook shows you two were in a relationship at that time.

You should never post anything online anywhere that you wouldn’t want someone in a court of law to see.  If you are concerned about your employer’s social media policy and how it might affect you, Henrichsen Siegel can help.  Contact us today to resolve this matter and ease your mind.  We represent clients in Washington, DC, Maryland, Virginia, Florida and Georgia.

Protect your rights.

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