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Can I be fired for name calling an employee outside of work through email & text?
Anonymous2 views1 answers
1st attempt email [did at office] I said I will meet the employee in department when everyone is gone so they wont hear what i have to say to her. I got a warning from boss b/c she showed him email and told him her story, note they never asked me for my story, so she told them I was a threat to her. 2nd attempt I was pissed so I cussed at her in email and called her names and also thru text from my personal time @ home. I got fired for doing that. Never threatened her, but it was considered a threat. I said retaliation. Plus I have kidney disease that gives me advantages at work, so I believe that they've always wanted me gone but couldn't find anything to pin on me until now, my words and feelings of retaliation.
Off key conduct, even if done to an employee after work hours, can be the basis for a legal termination.
As an at-will employee, you can quit at any time for any reason, you can be fired for any reason, a rotten reason, or no reason, except unlawful discrimination. If you do not have an employment contract or union to represent you, your recourse is limited. Discrimination based on age, gender, race, religious beliefs etc.... may give rise to a different answer.
You might find my Legal Guide helpful "Workplace Discrimination: A Basis for Wrongful Termination Claims"
http://www.avvo.com/legal-guides/ugc/workplace-discrimination-a-basis-for-wrongful-termination-claims
You might find my Legal Guide helpful "How to Choose a Lawyer for you.”
http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you
You might find my Legal Guide helpful "What Do I Tell My Lawyer"?
http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer
No one can know what the record is in the case because online we cannot find out any details. Check with a lawyer in your locale to discuss more of the details.
If you have a discrimination theory about retaliatory discharge or hostile workplace conditions you'll need a lawyer. Religious belief, age, gender, race etc. all are discriminatory reasons for which you cannot be legally fired and upon which you might base a wrongful termination suit.
Good luck to you.
God bless.
NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. This observation is not like a communication with a lawyer with whom you have an attorney-client relationship along with all the privileges that relationship provides.