NO EXPECTATION OF PRIVACY ON FACEBOOK
We have previously mentioned the need for clients and potential clients to be very careful about what they post on Facebook because these websites and their content are discoverable. Now a Judge in Franklin County, Pennsylvania has ordered a plaintiff to turn over her Facebook username and password to the defendant who allegedly caused an auto accident that left the plaintiff with “serious and permanent physical and mental injuries”. The plaintiff apparently posted pictures showing her enjoying life with her family and stating that she needed to go to the gym. All the while, she alleged that she needed to walk with a cane and was seriously injured. As the Judge stated, “there can be little expectation of privacy on a social networking site”.
If you have a case or a potential case against your employer and you are upset or distressed, under no circumstances are you to post any comment regarding your employer on any social networking site. If you end up in litigation with your employer, these sites, your comments and their content, could be discoverable. This means that the other side could get to see what you posted and what you thought was private.
Once again, there is no privacy when it comes to social networking sites and everyone needs to be very, very careful what they post and when they post it.