Can a deleted text message on a private account be accessed by my employer to prove or disprove a racial harrassment allegation against me?

The phone is my personal phone. The account is my personal account.

Asked on November 15, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The company cannot access your personnel phone or your personal account unless there is a lawsuit and they use some legal mechanism, such as a subpoena or document request, to compel you to provide that information (assuming the information is relevant to the case, they could likely force you to turn it over). However, other than using legal process, they should be unable to get the message. Of course, anyone who received or sent the message could potentially provide it or testify about it.


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