Social media posts also spawn collateral consequences in other areas of the law, such as out of court settlements to litigation that were supposed to remain confidential. Confidentiality clauses in settlements are common.
In a case from Florida, a man obtained a settlement of $80,000 in an age discrimination case brought against his former employer. The settlement agreement contained language that made the terms of the deal confidential to the parties, their spouses and their attorneys.
The plaintiff told his daughter (who was not a partry to the lawsuit). Almost immediately the daughter took to Facebook and posted the following entry:
"Mama and Papa Snay won the case against Gulliver. Gulliver is now officially paying for my vacation to Europe this summer. SUCK IT."
As a result of the Facebook post the defendant refused to pay the settlement amount claiming that the confidentiality terms were breached. The Florida court agreed with the defendant and the plaintiff lost his $80,000 settlement. You may read the full news article from CNN.com here.
Once you are involved in any type of litigation, it is important to know what your rights are with regard to the information you share online. It is wise to talk with an experienced attorney before making decisions about your Facebook, Linkedin, Instagram and other social media accounts that may impede your success in court.
If you have questions about your legal situation, it is crucial that you have an experienced litigation attorney. At Amori & Associates, LLC, the experienced litigation attorneys Scott M. Amori, Victoria A. Strunk and Robert A. Saurman would be happy to discuss your situation. Please contact Amori & Associates at (570) 421-1406 for a no obligation consultation.