QUESTION
Can I get fired for texting off work on my personal cell? How?
Asked on Sep 14th, 2015 on Labor and Employment - Wisconsin
More details to this question:
I was fired for text messages from personal to personal phone while I was not at work. Several were made up from fake a text. They said I was releasing confidential info, which I had a notarized letter giving permission, also was being sexual harassed and battered and propositioned by coworker who brought up all of these texts I supposedly sent. Texts are vague do not say what or who they are about. Has notes next to them stating coworker states it’s about this coworker. Is it legal for them to fire me for this?
4 ANSWERS
Yes, in NY you can be fired for no reason at all actually. Only if the company violated law or a contract, it will be a problem for them.
Answered on Sep 14th, 2015 at 4:41 PM
Admiralty / Maritime Attorney serving Monrovia, CA
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In general, yes, you can be fired because of text messages that you sent from your personal phone, even if you sent them when you were not at work. However, they cannot fire you for sending text messages that complain about being sexually harassed. You should show the text messages to a local lawyer who specializes in wrongful termination cases, and talk to them about whether you have a lawsuit against your employer or coworker.
Answered on Sep 14th, 2015 at 4:40 PM
Yes, in GA, an employer may fire you for this, or for anything, so long as they are not motivated by Race, Age, Sex, National Origin, Religion, Handicap Georgia recognizes the doctrine of employment at will. Employment at will means that in the absence of a written contract of employment for a defined duration, an employer can terminate an employee for good cause, bad cause, a mistaken cause, or no cause at all, so long as it is not an illegal cause. Illegal causes are limited in Georgia to the EEOC/Discrimination grounds: Race, Age, Sex,National Origin, Religion, Handicap If it is not on that list, it is not protected in GA. For more information: http://sos.georgia.gov/firststop/georgia_employers.htm "Texting off work on my personal cell" would be one of these: good cause, bad cause, a mistaken cause, or no cause at all This answer is based on GA law. If you are not in GA, resubmit your question, and identify your state. The law on this varies from state to state.
Answered on Sep 14th, 2015 at 3:36 PM
An attorney would need your complete information to adequately respond to your question so please contact an attorney.
Answered on Sep 14th, 2015 at 3:22 PM