California Employment Law
California Employment Law Questions Answered by Legal Experts
The good news, is that no, your employer has no legal right to your text message record. The bad news is that if you are an employee at will, your employer is allowed to terminate your employment for any reason that they want that does not violate your civil rights or is in breach of contract. So, if you refuse, your employer could terminate you. However, if they do this, you would be able to file for unemployment benefits and claim, quite rightly, that you were terminated "without cause" and will receive unemployment benefits.That being said, if you believe that the real reason they are asking for this could be related to a protected category, such as your age (40 or older), gender, race, religion, genetic information, pregnancy, national origin, creed, or disability then you should make a formal complaint to HR stating that you feel that you are being discriminated against because of the protected category. Then, if they continued to make you provide this and no one else, you may have an additional retaliation claim against this employer for taking any adverse employment action against you as a result.I realize that the law is not entirely in your favor here and I am truly sorry to have to deliver bad news. Nonetheless, I trust that you will appreciate an accurate explanation of the law and realize that it would be unprofessional of me and unfair to you to provide you with anything less. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.
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