Labor Courts Examine Electronic Evidence and Dismissal Rules in Mexico and the US

Mexican labor courts are increasingly relying on digital data such as WhatsApp messages, emails, photos and videos as evidence in employment disputes. Under Articles 836‑A to 836‑D of the Federal Labor Law, a party presenting electronic material must supply the means to verify its authenticity, origin and integrity, and judges may appoint experts to examine the original files. The law also allows adverse inferences when a party unjustifiably withholds the device or data.

In the United States, labor lawyer Daniel Villalba explains that dismissals for tardiness or personal mobile‑phone use are permissible only when the employer can demonstrate a pattern of repeated infractions that materially affect work performance. Isolated incidents are insufficient; the burden of proof lies with the employer. He cites cases such as a bartender in Ibiza who was fired for recording a TikTok video during work, illustrating how improper evidence or lack of consistent misconduct can undermine a termination.

Both pieces stress that proving misconduct requires solid, verifiable evidence rather than single, uncorroborated incidents.