Case: Social Media As Evidence In Employment Law

1299 Words 5 Pages
Social Media as Evidence in Employment Law Social media has been a big part of today’s world. Not only is it being used for one’s personal life, but it has started to seep through into the business world as well. As technology enhances, social media is being used even more in the new generation along with the older generation that has gotten the hang of it. Whether it be a positive or a negative, the growth of it is starting to be part of evidence when it comes to the work place environment but it usually has been found that it has negatively impacted someone who took it to social media to express their views. There have been a few issues that people talk about when using social media such as discrimination, harassment, and retaliation, evidence, …show more content…
Once they look you up, your profile is there to see. They could go back from a day, a week, a month, and even years to see what you’ve been writing about, what type of pictures and videos you upload, and just what type of person you are out in the social media world. Even before getting hired, your employer can see if they would still want you representing their business and decide whether to keep you or not. In an article talking about social media as evidence in employment law, it discusses how it is also being used as retrieving evidence and discovery issues. In one case, it explains how a federal court required one man to generate a copy of his whole Facebook to come up with some evidence that could go against his argument. It stated, “the employer was entitled to analyze his Facebook messages, particularly given evidence that he messaged a co-worker that he injured himself fishing, rather than in a workplace accident on the employer’s vessel, as he alleged.” (Park Topic 5 Bullet 1) Evidence on his own Facebook proved that he did not in fact get hurt at work but on his own time. He claimed that he deleted his Facebook account but in reality, he had only deactivated it, meaning all the information was still present. In …show more content…
Although it is common sense to some people, I feel as if setting it in stone and including it in company guidelines, employee handbooks, and contracts would be necessary so people wouldn’t try to argue their case and look innocent after all negative evidence is already found. Of course there are many jobs that live off social media accounts, there are many marketing jobs that require you to stay on those types of sites but for the most part, in a legal business, the use of social media and the internet is not allowed. Nowadays, social media is a big part of people’s lives, whether it be for personal use or business use, it is being used by people of all ages and it is only growing. When it comes to social media sites in the work environment, it being used as evidence is a key part for managers to gain information about someone outside of the office. A lot of times, someone being terminated from their job happens because of a mistake they did not ponder about before they went on to do it. Think before you speak, or in this case, type or upload, is something everyone in the business world should consider if they want stay

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