Gresham, OR asked in Employment Law for Oregon

Q: is firing for sending a personal text to a friend legal? Invasion of privacy? Nothing was posted publicly.

i had a VP ask me questions about a manager, so i answered his questions honestly. After i answered him he went to the cio and told him what i said. The CIO told my manager that i gave her a less than glowing review so my manager immediately retaliated against me. Writing me up for offenses that werent offenses at all. I sent a text message from my personal phone to a friend. this "friend" went and showed HR what i sent from my personal device to his device. I as fired that after noon and HR said it was because "they read my texts"(which werent sent to them). They then told the company that i was dangerous, unstable and forbid anyone from contacting me. they tried to keep me from getting unemployment, but Oregon did give me unemployment since it wasnt a work performance issue, only a personal issue. Since i didn't post anything publicly and only sent a text to a "friend", Oregon said that it wasnt a fire-able offense. Do i have a case?

Related Topics:
1 Lawyer Answer

A: Oregon is an at-will state, meaning they can fire you for basically any reason, or no reason at all. They cannot fire you because you are say black, gay, Jewish, etc., but almost any other reason such as you wore a blue shirt.

Now, if you text was discussing work conditions with a co-worker, then you might have something since you are allowed to discuss conditions of employment with others.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.