San Francisco, CA employment attorney Traci M. Hinden talks about using AI to determine your employment law rights. She explains that one important issue people may not realize is that communications with publicly available or open AI systems may not carry the same expectation of privacy that people generally associate with communications with an attorney. She compares using systems such as Claude, ChatGPT, OpenAI, or other AI platforms to publicly saying something while walking down the street, emphasizing that users should be cautious about entering personal or confidential information into these systems.

She explains that employees may turn to AI to ask questions such as whether they were wrongfully terminated or whether they have any legal recourse regarding a written warning or other workplace action. As the AI provides answers and the user continues the conversation by supplying additional information, the system may ask for more specific materials, such as a copy of the employee’s written warning, offer letter, or text messages.

She cautions that by providing those documents and continuing the conversation, an individual may effectively be placing that information into an open or publicly accessible environment, similar to posting information on Facebook, Instagram, Substack, or another platform where it exists in the broader public sphere. She explains that if the individual later decides to file a legal claim, they may be required to turn over their communications with ChatGPT and other AI systems during the legal process.

She notes that courts have already addressed issues involving communications with AI systems and that the legal community is therefore strongly encouraging people not to provide specific or sensitive details in communications with open AI platforms. Instead, she recommends speaking directly with an attorney to understand their legal rights and determine what options may be available.

She further suggests that even when people are simply trying to research their rights, they should consider using publicly available government resources before entering personal details into an AI system. Government agency websites often contain extensive frequently asked questions and other information that can help individuals determine whether their situation may fall within a particular legal protection or process. She encourages people to review those resources or consult an attorney before putting specific information about their situation into an open AI platform.