How Social Media Use May Impact Your Harassment Or Discrimination Claim
How does social media come into play when a workplace discrimination or harassment claim is pending? This is an issue our attorneys have encountered many times at the Law Office of William M. Julien, P.A. On this page, we have answered some of the most common questions they receive from prospective clients. After you’ve finished reading, you can contact our Boynton Beach office and ask us your own questions during a free initial consultation.
Can employers access my social media account information?
Yes. Employers may lawfully access the information posted to your Facebook, Twitter, Reddit or other social media accounts. They can also access your company email. The company can and likely will use any gathered information against you when defending itself from your harassment or discrimination claim.
What should I do with my account while my workplace claim is pending?
Setting privacy levels high is a first step to protect your account from unwanted access. However, for many of us, our co-workers – and even supervisors – are our friends or followers.
Given the high risk that the information on these platforms could easily fall into your employer’s hands, disabling all social media accounts while your lawsuit is pending is the best route to take. At the very least, you should refrain from discussing any aspect of your case on these platforms. Plaintiffs have been caught on social media bad-mouthing judges or revealing information they thought was trivial that had an impact on their case.
What recourse is available if a supervisor or a co-worker harasses me on social media?
You could have a cause of action, even if the harassing behavior was outside of work hours. If the harassment has made you feel so uncomfortable at work that you feel you cannot work, you can report the harassment to your employer. If your employer takes no action to address it and/or punishes you for reporting it, your employer can be held liable.
Talk To Us About Your Legal Options And Next Steps
Technology is complex, as is this area of law. Therefore, speaking with an employment discrimination attorney before you take any action is recommended. Our founding attorney at the Law Office of William M. Julien, P.A., has more than 29 years of legal experience helping employees resolve all types of workplace discrimination claims. He and the rest of our legal team can help you take the right steps to preserve your privacy and avoid potential consequences.