Social Networking : Emotional Distress

Q: The EEOC has filed a complaint on my behalf alleging sexual harassment by my supervisor, causing severe emotional distress.  Now, my employer’s attorney is demanding to see (a) all photographs or videos posted by me or anyone on my behalf on Facebook or MySpace in the last two years and (b) electronic copies of my complete profile on Facebook and MySpace and all status updates, messages, wall comments, causes joined, groups joined, activity streams, blog entries, details, blurbs, comments, and applications in the last two years.

A: Given your claim of severe emotional distress, it would seem that your employer is entitled to (a) any profiles, postings, or messages and social-networking site applications for you that reveal, refer, or relate to any emotion, feeling, or mental state, as well as communications that reveal, refer, or relate to events that could reasonably be expected to produce a significant emotion, feeling, or mental state plus (b) third-party communications to you, if they place your own communications in context.  Not only communications, but photos and videos too.

By: Scott Baron,
Attorney at Law Advertorial

The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.

Copyright © 2011-2020 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878