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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.