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Emojis in the Workplace: Innocent Fun or Discovery Hazard?
In today's digital age, emojis have become ubiquitous in our communications. These tiny pictorial symbols add depth and emotion to our messages, making conversations more expressive and engaging. However, their meanings may vary based on cultural context, personal interpretation or even variations in appearance on different platforms and devices. What one person perceives as a friendly gesture might be seen as sarcasm or aggression by another. And what may be viewed on one device as a chocolate chip cookie may look like a saltine cracker on another. See, "Meet a guy who makes a living translating emojis," CNBC, (July 2017). This ambiguity can complicate legal discovery when trying to establish the true intent behind a message.
Not only do we increasingly rely on emojis in our daily interactions, but emoji usage in business messages is increasing. According to a global survey conducted by Statista in June 2022, 53% of hybrid office workers reported that they usually included emojis when messaging colleagues and 30% of office workers used emojis when communicating with their boss. See, "Hybrid office workers on using emojis when communicating with colleagues worldwide as of June 2022," Statistica. As a result of increasing use, emojis have become part of the discovery landscape and on occasion have taken center stage in high-profile legal proceedings.
Emojis can be equally troublesome in any type of business legal case. How are your employees using emojis in text messaging? Awareness can be an important part of risk reduction. We have compiled here a few case law examples where the use of emojis in business communications had surprising legal ramifications. Emoji-related claims are on the rise, and the examples below illustrate how emojis have complicated cases in securities fraud, hostile work environment, and contract negotiations.
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