Can an employer fire you for a taped phone conversation to a hotel guest after you thought you hung up but did not?

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Can an employer fire you for a taped phone conversation to a hotel guest after you thought you hung up but did not?

I called a hotel guest to confirm their appointment. I thought that I hung up but did not and they overheard my wife and I arguing, apparently using colorful language. I was brought in a few days later and fired on the spot after hearing 1 minute of a 6 minute conversation.

Asked on May 21, 2017 under Employment Labor Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you were an "at will" employee you could have been fired for this incident or for any reason or for no reason at all - with or without notice. If, on the other hand, you had an employment agreement or union ageement that prohibited this action, then you would have a valid claim. Basically, a company can set the conditions of employment much as it sees fit, absent some form of legally actionable discrimination (which you did not indicate to be the case).


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