Q: Is it harassment if my boss, the CEO, is inappropriately messaging me late night after hours?
He was messaging me suggesting I go along with him on a trip out of the country then ended it by saying jk your husband wouldn’t allow with a winky face. Then continued to message me asking if I’ve been to a place and I said no and he asked if I know where it is and I said no and he told me where with winky faces and then continued to say he has a cabana home there and office and it’s nice and fun. The place he was asking me was a location on the water that has very nice hotels with cabanas on the water. I did not ask him but he continued to tell me that. And then 20 minutes later, his wife who does not physically work for the company and has no title in the company, messaged me very unprofessionally at 10pm terminating me. I believe she read the messages he was sending me because this was a Friday night and my boss was telling me he would see me on Monday and always complimenting how great of an employee I am so why would his wife be the one to terminate me shortly after the messages?
A: You should discuss this matter in private with counsel here in Florida. You may have a viable case.
A: From these facts, its not clearcut under the framework of Title VII, but since the company has terminated your employment (not just the wife) through the actions of the wife, then it appears the company's action can arguably be deemed to be a form a retaliation even though it was issued by the non-offender. Certainly there could be other equitable causes to explore like violation of public policy. Save the text messages, consult a lawyer and get advice, whether you get a free consult or a paid consult. If you are out of a job, this may be an instance to not delay and take action, as perhaps the company may reconsider its decision before the damages climb. You have not mentioned whether the CEO will override this decision. Certainly his messaging you was inappropriate, and again, now since you said no, who knows if he didn't participate in the termination decision, as that may be very likely the case and then its potentially a more fitting retaliation claim. Again, get help, get ADVICE, by consulting with a lawyer, just like if you had a pain or something going on medically: you can scour the internet for information, but paying for a medical evaluation and advice is in your best interest; just like this situation, seeking out the real and specific legal advice and opinion of a lawyer is worth while and in your best interests.
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