California Labor and Employment Defense Blog

Employee's Internet Postings Brought Into Lawsuit

Kevin O'Keefe over at Lexblog (the designer and host of our blog) has an interesting post today about how MySpace and FaceBook are changing the legal community. He writes:
A defense lawyer in a emotional distress claim brought against a school district wanted access to all of the plaintiff's postings at MySpace and FaceBook. However, a judge ruled that the plaintiff's right to privacy trumped the defenses right to information which or may not be relevant to defense of the suit.
Kevin rightly notes that lawyers today need to have a working knowledge of the internet and sites like MySpace and FaceBook.  Our experience is that the Internet is full of information about individuals that is extremely useful during litigation.  This information is usually posted by the individual himself or herself and is shared with the rest of the world. We have had cases were a plaintiff has posted information about his or her prior job on the internet that inevitably contradicts what he or she said during sworn testimony in a deposition.

We also recommend that before an employer hires an employee, the employer should do a quick internet search to see if the employee has information posted in MySpace, FaceBook, Monster.com, and simply run the employee's name through Google. Often times this will enable you to see the “real” person you are about to hire.
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