Of Counsel Mark Neuberger was quoted in a Legaltech News article, “Autocorrect Flubs Aren’t the Sole Worry with Job Interviews Via Text Message,” about the possible legal complications of conducting job interviews entirely by text message.
Neuberger said the potential for e-discovery tied to any hiring-related litigation would necessitate ensuring that such conversations are successively preserved. “The preservation…is much more difficult than if there were an email exchange through the company’s email servers,” he said.
The relative anonymity afforded by such a conversation, however, might benefit a company that finds itself accused of discrimination in the aftermath of a hiring decision, he added. “The best defense is the ‘huh, I didn’t know’ defense,” he said.