Emojis in the Court of Law: Avoiding Ambiguity in Workplace Communication

In today’s fast-moving world, we want to say whatever we can as fast as we can. This means we often employ truncated spellings of words or phrases in text messages, as well as emojis — those pictures of emotions and objects found on nearly every device and social media platform.

However, emojis can have different meanings to different people. When coworkers use emojis on the job, it can cause confusion and misinterpretation that could get workers and employers in trouble. The wrong emoji can come across as a threat, sexual innuendo, or discrimination.

This article discusses some of the legal issues when using emojis and emoticons in the workplace. For legal advice on workplace communications, talk to an employment litigation lawyer.

The Use of Emojis in Work Documents

“Emojis are interesting because context creates the message,” says Jon Pfeiffer, an entertainment law attorney at Pfeiffer Law in Santa Monica, California, who handles social media issues. “The ways in which you communicate with your friends may have different meanings to someone outside of that group.”

Anytime we exchange ideas, it requires contextual interpretation. With a new symbolic language thrown into the mix, interpretation of emojis can carry confusing signals. When things get dicey, potential litigation is not far behind.

One notable case involved a 12-year-old in Virginia who faced criminal charges for sending what was deemed to be a threat to her school via knife, bomb, and gun emojis on her cell phone.

“I had a case with two producers,” says Pfeiffer. “One party had been texting with a potential hire that was sexual in nature. There were explicit texts that—and I’ve been doing this for a while—made me cringe. And the response [by my client] was a smooch. They argued consent, and we are arguing she was trying to put him off. [Emojis] can be taken many ways, for better or worse.”

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Emojis Aren’t Necessarily a Universal Language

Research has shown that emojis elicit mirrored emotional responses. Some to believe that they may be a more accurate form of communication. However, Pfeiffer says, emojis can add more ambiguity when used as substitutes for words. Ambiguity can create difficulty in rendering court opinions in legal cases.

“The problem is in the subtlety,” says Pfeiffer. “We’ve all received an email or a text that’s made us say, ‘I’m not sure how to take that. Is [this thumbs-up emoji] snarky or just a joke?’ There are all sorts of definitions for all of these things. The receiver may interpret a different intended meaning than the sender. Therein lies the ambiguity.

“There is no universal definition. No court has ruled that a smiley face with crying means this and only this,” Pfeiffer adds. “They have only been around for the last [couple of decades], so it makes sense that we are just feeling our way through it.”

Handling Emojis in Business Communications

Pfeiffer’s advice about using emojis in important business communications is simple: Don’t. “If it’s an important conversation, resort to emails,” he says. “For the heavy lifting, rely on your email or, god forbid, pick up the telephone.”

However, it is more difficult for some workers to avoid using emojis. Younger workers and millennials often use emojis in their personal and professional communications. Digital communication tools meant for the workplace have adopted emojis. Office suites and communication apps like Slack, Google, and Microsoft let users respond to messages with a thumbs-up, winking, or heart.

Handling Emojis in Business Communications

Employers should have clear policies on using emojis in business communications. Sexual harassment and discrimination training should include how using emojis is open to interpretation and could cause legal problems. Employers should apply policies equally to all workers and supervisors.

If you’re an employee on the receiving end of inappropriate communications that have left you confused or uncomfortable, consult an experienced employment litigation attorney. An employment law attorney can provide legal advice and defend your right to a safe workplace.