The Impact Of Social Media On Your Wrongful Termination Case: Why You Should Deactivate Your Accounts

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Denis ZilberbergMay 10, 2018Wrongful Termination

Social media has become a key part of our modern lifestyle. Some people cannot go a day without posting something on their Instagram, Twitter, or Facebook. And while you are probably aware of the fact that social media users are more prone to depression and low self-esteem, you have one more reason to quit social media (at least temporarily) if you are in the middle of a court battle, especially involving wrongful termination.

Wait, what? What does my Instagram account have to do with my wrongful termination lawsuit?” you are probably thinking right now. But let’s hear our California wrongful termination attorneys out.

After you file a wrongful termination lawsuit, it is not uncommon for your former employer or his/her lawyer to look you up on such social media platforms as Instagram, Twitter, Facebook, and even LinkedIn.

And it makes sense why employers who are looking for any piece of evidence against their former employees do this. You might be surprised how many times fired workers in Los Angeles and all across California have ruined their wrongful termination cases just because they posted something that discredited the validity of their claim on their social media accounts.

How social media can ruin your wrongful termination case

There are many examples of how selfies, photos, private and public messages, posts, comments, statuses and other elements of your social media presence could ruin your wrongful termination case. Let’s review some of the most common examples.

  • A female worker, who filed a wrongful termination lawsuit after she was fired for allegedly refusing to perform a sex act on the employer, posts very revealing and semi-nude photos on her Instagram page. While this does not necessarily mean that she is lying, these photos could be used against her.
  • A disabled employee, who is suing his former employer for allegedly firing him because of his disability, posts photos of himself playing football or skiing.
  • A former employee, who claims that he suffered emotional distress because of his firing, updates his status on Facebook stating that he is “in a better place” now that he is fired.
  • An employee tweets about how she will “destroy” her former employer in a courtroom, even if it means giving false information about her case.
  • A former worker who provides incorrect information in his LinkedIn account, including but not limited to exaggerating his duties performed or education degree. That worker’s employer’s wrongful termination attorney in Los Angeles may argue that if the worker is lying about work on LinkedIn, what if he is lying about his case as well?

What to do with your social media accounts during litigation?

While there is no legal way to prevent your employer or his/her lawyer from snooping around your social media accounts, as they have a legitimate right to use the information collected from your social media activity as part of their defense in court, our Los Angeles wrongful termination attorney advises clients to deactivate their social media accounts until their case has been finalized.

If deactivating your social media accounts sounds too extreme, your best option would be to refrain from posting anything on your social media accounts and avoid logging into your accounts altogether. If you are about to file a wrongful termination lawsuit against your employer or are in the middle of a court battle, follow these tips:

  1. Do not add people who you do not know as friends to your social media accounts, especially Facebook (though crafty employers and their lawyers may become friends with your friends to see your social media activity)
  2. Switch your social media accounts to “private,” especially Instagram, and do not accept new followers until your case is over. Or another option is to deactivate your accounts
  3. Before posting anything during litigation, always bear in mind that this could be used against you in court. So think twice before posting selfies, photos, or messages, and always ask yourself how this might impact your wrongful termination case
  4. Make sure the information you provide on your LinkedIn account and other social media is correct and accurate

If you have been fired for an illegal reason, consider hiring a wrongful termination attorney to file a lawsuit. Contact The Kaufman Law Firm to get a consultation about your case. All our offices at 310-981-3404 or send us an email.


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