Is a private text message between two people considered social media?

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Is a private text message between two people considered social media?

I feel that I was wrongfully terminated.

Asked on July 16, 2015 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A "private" text message is not social media, BUT:

1) you have no control over what the other person does with it--he/she can forward it, share it, etc. with anyone they like, the same as if you receive a physical letter, you could share it with anyone;

2) if the message was sent over company-supplied devices (e.g. computers or smart phones) or was sent using a company-controlled network, then the employer almost certainly had the right to view the message--there are no privacy rights in or on company communications platforms.

As to wrongful termination: if you were terminated due to something in the message, then unless your termination violated the terms of a written contract, it was *not* wrongful: without a contract, you were an "employee at will" and could be terminated at any time, for any reason, including an inappropriate or offensive message.


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