Can Social Media Affect My Employment Law Claim?

Today, most people use social media. According to the Pew Research Center, about seven in ten Americans use social media for various reasons. If you are like most people, posting on social media and looking at other people’s posts is a part of your daily life. If you are an employee with an employment law claim and have social media, you may be wondering if social media can affect your employment law claim. So, can social media affect your employment law claim? Yes, social media can affect your employment law claim in several ways. Social media can affect your employment law claim in positive and negative ways. Below, we look at some of the ways social media can affect your employment law claim.

Social Media Can Provide Evidence

One of the ways social media can positively affect your employment law claim is by providing evidence that you can use to support your claims. For instance, suppose you have filed a harassment claim and have inappropriate messages from the perpetrator. Screenshots of these messages can be used to prove your case. Comments made by the perpetrator on your social media posts can be used to show a pattern of behavior. Additionally, if you have been posting details that are relevant to your case on your social media, these could be used as evidence to support your claims.

However, social media can also be used as evidence against you. Social media can provide evidence of behavior that is relevant to your case. If, for example, you have posted on your Facebook or Instagram conduct that violates company policies, those posts can be used against you.


In employment law cases, it is common for defendants to scrutinize the claimant’s social media presence to evaluate their credibility. Any inconsistencies between what a claimant posts online and their claims could be used to challenge their credibility. For example, suppose you suffered a work injury and filed a workers’ compensation claim. If you claim your injuries are severe but post photos of you engaging in certain activities, such as hiking, those posts may be used to question the severity of your injury.

Can Changing Privacy Settings Help?

Because social media can affect your employment law case negatively, you may be wondering if changing privacy settings can help. So, can changing privacy settings help? Changing your social media profiles to private may or may not help. Indeed, adjusting your privacy settings on social media can limit who sees your content. However, even if you change your privacy settings, the court may still gain access to certain content if it is deemed relevant to your case.

Deleting Posts

It is crucial that you are cautious about your social media activity if you have a pending employment law claim. You should avoid deleting posts, as doing so could be seen as an attempt to destroy evidence. Instead of deleting your social media posts, pause posting and review your posts. If there are posts you feel can be used against you, consult an attorney on how best to proceed.

Contact a New Jersey Employment Lawyer

If you have a pending employment law claim and need legal guidance, contact our skilled New Jersey employment lawyer at Trabosh Law Firm. 

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