Eastland appeals court slaps employer on social media discovery

A recent employment law case in West Texas sheds light on what an employer in an employment lawsuit can ask of the employee via written discovery (pretrial fact finding). It’s a gold mine! We will talk about it in this month’s issue and the next.

Facts

Richard Scherer sued his former employer, Endeavor Energy, in Midland County state court. He claimed his age and his national origin were considered by Endeavor in denying him a promotion.

The company sent Scherer written discovery asking questions it thought were relevant to its defense. He resisted answering some of the written questions (called interrogatories). The dispute found its way to the appeals court.

Social media interrogatory

Here was the company’s written question on social media: "List all email addresses you have used during the last five years and provide all web addresses for any online content with which you are associated, including, without limitation, social media websites (e.g., Facebook, Instagram, LinkedIn, Snapchat, Tik Tok)."

Scherer objected to the request as overbroad. Or as my mother would say, “What does the request have to do with the price of eggs in China (i.e. the lawsuit)?”