Emoji Use in Workplace Communication 🤔

Symbols have been used as a form of communication all the way back to cave drawings. In this ever-changing digital landscape, the Emoji has gained its place in our language and has changed the way we communicate. A single icon, or combination of ones, can communicate complete sentences and sentiments. Understanding and interpreting Emoji if often subjective and can even depend on the mood of the reader.

Presently, Courts are drawing legal conclusions from Emoji and examining legal liabilities of Emoji in workplace communications. Inappropriate use of Emoji in workplace communication can create legal liabilities that have human resources and legal departments keen on drafting policies that include the use of the symbols. According to Matt Mahon’s article, “Emoji in eDiscovery: Do You Get My Meaning?” an “emoji can be highly relevant in both criminal and civil matters, and as an internal matter their misuse can be the catalyst for not only disciplinary action including dismissal, but litigation.”

A misinterpretation, or even an intentional means, of showing irony can develop into a legal liability in the workplace similar to how an innocent comment can change into a nefarious one with a single Emoji.

To illustrate, take these two responses to a hypothetical situation in which an employee is accused of a fireable offense:

With the emojis alone, one can interpret the text as being insincere and can hypothesize that the writers may already have a predisposition to not investigate thoroughly.

A case can be made solely based on the use of emojis used in communication and can be won or lost on its assumed meaning. Being aware of potential risk is the first step in mitigating unfavorable outcomes.

As a reminder, once you send it (text, email, or equivalent), it is official…and can be admissible in court.