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 9 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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