The Discovery of Your Social Media

Your social media is relevant.In EEOC v. Simply Storage Management, a sexual harassment case where claimants alleged extreme emotional distress, the court stated: “It is reasonable to expect severe emotional or mental injury to manifest itself in some [social media] content, and an examination of that content might reveal whether the onset occurred, when, and the degree of distress. Further information that evidences other stressors that could have produced the alleged emotional distress is also relevant”.Consequently, the court allowed discovery into the claimants’ Facebook and Myspace profiles, postings, or messages including status updates, wall comments, causes joined, groups joined, activity streams, blog entries that reveal, refer or relate to any emotion, feeling or mental state. Scary right?! Do not stop living your life after an accident or when in litigation but be aware that your social profile could come back at you in a very unsociable way.

The Discovery of Your Social Media

Your social media is relevant.In EEOC v. Simply Storage Management, a sexual harassment case where claimants alleged extreme emotional distress, the court stated: “It is reasonable to expect severe emotional or mental injury to manifest itself in some [social media] content, and an examination of that content might reveal whether the onset occurred, when, and the degree of distress. Further information that evidences other stressors that could have produced the alleged emotional distress is also relevant”.Consequently, the court allowed discovery into the claimants’ Facebook and Myspace profiles, postings, or messages including status updates, wall comments, causes joined, groups joined, activity streams, blog entries that reveal, refer or relate to any emotion, feeling or mental state. Scary right?! Do not stop living your life after an accident or when in litigation but be aware that your social profile could come back at you in a very unsociable way.