Facebook, in its tenth year of existence, has become a staple for sharing and connecting with friends and family, both near and far. Unfortunately for some, it has become a source of great loss.

Last week, a Florida Appeals court said that the Gulliver Preparatory School no longer needed to pay an $80,000.00 employment discrimination settlement to its former headmaster, Patrick Snay. The Court held that Snay had violated the confidentiality clause contained in the settlement. Snay told is daughter he had settled with the school. The daughter then posted to her 1,200 friends, “Mama and Papa Snay won the case against Gulliver. Gulliver is now officially paying for my vacation to Europe this summer. SUCK IT.”

Even though the post did not reveal terms and was quickly removed, the appeals court held that “Snay violated the agreement by doing exactly what he had promised not to do.” The Court continued, finding that “His daughter then did precisely what the confidentiality agreement was designed to prevent, advertising to the Gulliver community that Snay had been successful in his age discrimination and retaliation case against the school.”

Snay still has an appeal to the Florida Supreme Court available to him.

This is not the first time that a Facebook post has played a significant role in a lawsuit. Facebook is continually becoming a source of information in divorce and modification suits. It has been used in employment suits to justify termination of school teachers and waitresses. Lawyers have even had heir law license suspended for recommending that clients “clean” their Facebook posts while in litigation.

So, how does one safely write a Facebook post without creating loss? Here are some good ways to start.

Contact us today if we can help you with your legal needs or to help your business draft a social media policy for employees.