Can you be fired due to texting?

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Can you be fired due to texting?

Can someone be fired for what they say via private messaging app, outside of the company, on own time, not at work, on a personal device, in an area that is not public, and from a profile that is in no way connected to the company?

Asked on April 1, 2019 under Employment Labor Law, Oregon

Answers:

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

Answered 5 years ago | Contributor

The fact is that if you are an "at will" worker, then you can be fired for any reason or no reason at all. So basically, if you have no protection against this action under the terms of an employment contract or union agreement, you have no claim here. For themost part, an employer can set the conditions of employment much as it sees fit, absent some form of legally actionable discrimination.

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

Answered 5 years ago | Contributor

The fact is that if you are an "at will" worker, then you can be fired for any reason or no reason at all. So basically, if you have no protection against this action under the terms of an employment contract or union agreement, you have no claim here. For themost part, an employer can set the conditions of employment much as it sees fit, absent some form of legally actionable discrimination.


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