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Why you must watch what you say during litigation

Despite the angst that fired employees may have after being let go, employers in California have wide latitude in their power to remove employees from their positions. However, this does not mean that every employer follows the rules, and may sometimes terminate an employee illegally. However, in making their statements known to others, disgruntled employees may end up sabotaging their own cases through rants on social media.

Essentially, the concept that applies during criminal arrests may also apply when it comes to employment discrimination and wrongful termination cases; “what you say can, and will be used against you in a court of law.” This means that social media posts and emails can be discoverable pieces of information that can be used in litigation. 

Posts on Instagram, Facebook and Twitter are essentially permanent pieces of public record that show when the statements were made. If they were made during work hours, when an employee was supposed to be doing other tasks, they could negatively affect your case. Indeed, you would not be the first person, or the last, to use social media during work hours, but it is not wise to make disparaging statements about your supervisors or employers on social media no matter how right you may be.

Yes, free speech applies to statements you make through email and social media, but they may not sit well with an arbitrator or judge who has to decide your case. So if you have a case against an employer, it is prudent to watch what you say (and when you say it). 

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