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Can you access an ex-employee’s Facebook posts if she sues?
What a whirlwind 12 months it’s been for Edith Employee! Or, should I say, Edith “former” Employee?
Last year, she was an employee for ABC Company. This year, she is suing ABC for sexual harassment. Among other things, Edith claims damages for physical and psychological injuries, including the inability to work, anxiety, post-traumatic stress disorder, and the loss of enjoyment of life.
And, right now, we find the parties entrenched in some scorched-earth discovery. ABC Company has just requested “all of plaintiff’s Facebook records compiled after the incidents alleged in the complaint, including any records previously deleted or archived.”
Can ABC do that? Will Edith have to turn over all of these records? The answer follows after the jump..
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