Memphis, TN asked in Employment Law for Tennessee

Q: Can a former employer use a former employee's photograph on their social media page against the employee's consent?

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1 Lawyer Answer
Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq.
  • Cleveland, TN
  • Licensed in Tennessee

A: That is a good question. The answer regarding whether Facebook pages can be admissible evidence is in debate. In Massachusetts, a court unamimounsly decided that they could. I have not seen a decision down here. As a criminal defense attorney, the problem, in my mind, is that you cannot state for certain that a Facebook post is an admission. It could be used for humor. It could me mistaken. It could be directed to one particular person with absolutely no intention that it be an admission. There is a very serious problem using Facebook pages in litigation.

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