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February 11, 2025

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Failure to Pay Wages

Stay off social media until your wage and hour case is resolved

Filing a wage and hour claim in California can be a stressful process, especially when you’re already dealing with the practical (and emotional) consequences of unpaid wages, overtime violations or the misclassification as an independent contractor.

While it may be tempting to share your frustrations on social media, doing so can seriously impact your case. Employers and their legal teams often monitor online activity, looking for any posts that could be used against those who speak up about rights violations. To protect your rights and strengthen your claim, it is best to stay off social media until your case is resolved.

What’s the big deal?

Even seemingly harmless posts can inspire problems when it comes to a wage dispute. If an employer or their attorney finds a reason to question your credibility, they may use your social media activity to undermine your claims. For example, if you are arguing that you were forced to work off the clock or denied overtime pay, but you consistently post about vacations, or reply to posts while you were on-the-clock, your current or former employer may attempt to argue that your claims are exaggerated or that you are not really working while you are at work.

In some cases, social media posts have led to legal claims being weakened. A simple comment, even if made in frustration, can be taken out of context and used as evidence against you.

While it may feel good to share your experiences and seek support from friends or colleagues, these posts can be used against you. Even private messages are not necessarily safe, as screenshots can be shared with others.

Another mistake is accepting new friend requests from people you do not know personally. Employers sometimes create fake profiles or have others monitor employees’ social media accounts to find information that could help their case. Even liking or commenting on a post related to your employer could be misinterpreted and used against you.

The best way to avoid social media-related complications is to stay off all platforms until your case is resolved. While California law is famously supportive of workers’ rights, the law can’t safeguard you from the consequences of your own approaches to expression that may ultimately weaken your stance.

So, before you hit “post” or “like” again, take a moment to think about how it could impact your legal case. It may be tempting to share your thoughts and vent your frustrations, but sometimes silence can be your strongest ally. Keep your focus on the bigger picture—protecting your rights and your future. After all, when it comes to wage disputes, your credibility could be the most valuable asset you have. Stay smart, stay cautious, and remember: your online actions could have real-world consequences.

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