October 22, 2010
Ben McKee
DENVER - Remember that time you said you were mad at a co-worker and posted a nasty comment about them in your status update?
Hey, most of us have done silly stuff on Facebook, and many have said things that, perhaps, were not 100 percent truthful. But in the court of law, and in the public spectrum, those Facebook and Twitter posts could be taken as evidence of your character. They could even get you fired.
According to Gloria Allred, a high profile attorney, there are many social media nightmares and scares out there that are real, and not simply 'what if' scenarios. In some cases, something as seemingly harmless as a 'Tweet' has led to the breakdown of a relationship.
One such social networking scare was about a homemaker who had a fight with her husband and took it out on him online.
"She had a fight with her husband, her three young children, her dog was sick, and she posted online, 'I wish I were dead,'" Allred said. "She ended up being put in a psych[iatric] ward, and had to prove to her children she wasn't a danger to herself. And now, she's considering a divorce! That is a social networking horror story!"
No kidding, it is a horror story. But it is also a real one, just like that terrible day you had at work earlier this week. Employees should be cautious when posting their thoughts and feelings about work, particularly in the service industry. Employers looking for customer service can find out all they need to know about current employees' thoughts at work in a status update.
"Another [horror story] involves a waitress who posted on her Facebook page derogatory comments about the restaurant's customers. The employer confronted her with [that] Facebook page, and she ended up being fired for that," Allred said.
According to a survey conducted bywww.lawyers.com, 40 percent of those surveyed thought they could be fired for their comments made online. Meanwhile, 53-percent of those surveyed thought they should not be able to be fired for what they say online. Truth is, if you don't have a contract, the employer can, generally speaking, fire you for what you say online.
Another thing to keep in mind is how a 'Tweet' or a status update might affect your public image when you are in the spotlight, whether that's as a juror or before the podium as a defendant.
"If you're ever in a court of law, and you are a witness, let's say you testify that you've never done drugs or never had any alcohol whatsoever. Then the other attorney finds that on your Facebook page from when you were in college, maybe there is a photo of you drinking and doing drugs. They can use that in the court of law and challenge your credibility, and you may end up losing the case as a result!" said Allred.
Finally, it is important to know millions of sets of eyes can be viewing what you are saying online, even if you think what you say is private. Facebook allows users to 'Like' businesses, viewpoints and statements, which also opens up an opportunity for you to make an opinion public. Be careful about language or candor in those posts, because it could one day be seen again. Worse, it could go viral.
That's what happened to a former Duke University student recently, who posted her "sexcapades" online with sexually explicit images. While she thought she was just posting it to a few friends, it went viral and became a social networking horror story.
Truly, just like those old yearbook photos you were tagged in last week, those status updates, pictures and thoughts can come back to haunt you.
(KUSA-TV © 2010 Multimedia Holdings Corporation)
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