Social Networkers Have Nowhere to Hide

In essence, this case addressed whether information on the Plaintiff’s Facebook and Myspace pages could be withheld during discovery, irrespective of her privacy settings. The judge determined that the Plaintiff had put her physical condition at issue by filing the case, and, therefore, she could not then hide relevant information that she had previously posted on her social media profiles. That’s right–the judge held that the “self regulated” privacy settings imposed by the Plaintiff were essentially meaningless. As such, all of the contents had to be turned over to the other party.

During the discovery process of a workers’ compensation claim, we at HBSS leave no stone unturned when it comes to the investigation of a claim. Often times, information found on a claimant’s Facebook page can be used, at the very least, to cross examine the claimant at a deposition and let him or her know that we are serious about defending the claim. Putting pressure on the claimant and using the information in this way can go a long way in providing leverage to bring a claim to a quick resolution, or to dismiss it altogether. And, as shown by the above case, one little bit of information on a Facebook profile may just be the “tip of the iceberg” that leads to enormously valuable evidence for an employer.