If you’re familiar with crime dramas, you are likely familiar with the famous Miranda warning “what you say can be used against you in a court of law” commonly barked out by arresting officers. That warning also has significance in real life; not for people who would be arrested, but for employees who post about their lives on social media sites.
Essentially, statements on Facebook or Twitter, as well as photos posted through Instagram are matters of public record. This means that investigators can easily discover them, even if they are deleted or taken down. Not only will the statements be preserved, there is an essential time stamp that indicates when the statements were made. This could have some added significance for rants made during work hours.
Indeed, employers want workers to be productive during work hours, so making statements and posting pictures online at this time may not bode well for an employee who is trying to hold the employer accountable for illegal activities. After all, an employee who is seeking a remedy for wrongful termination or discrimination may have credibility issues that he or she must defend and incriminating statements may not help their cause.
Of course, there may be ways to mitigate the damage caused by social media rants, but it may be easier to pursue an employment discrimination matter without such statements at issue.
If you have questions about your termination or whether you have a cause of action against your employer, an experienced employment law attorney can help.
The preceding is not intended to be legal advice.