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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18791
Experience:  Employment/Labor Law Litigation
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I am currently working at a psychiatric clinic and, because

Customer Question

I am currently working at a psychiatric clinic and, because of the shortage of psychiatrists, am the only full time doctor. The one other doctor they brought on board informed me today that she is quitting because the owners have made the milieu at the clinic "unbearable" She informed me her decision was solely because of their behavior, nothing to do with me. Buoying that is the fact that we corresponded in a friendly fashion while at the clinic.
During my time at the clinic, I sent her about 12 text messages saying I was worried for my license because the clinic was not filling the patient's prescriptions (the clinic would lose the prescriptions), that patients were not getting called back when they would call for their medications, that I had patients have seizures because their medications were not filled, etc. I also mentioned that I was a contractor and was not getting paid for one month. I cannot prove the last point because when they would pay me, even if it was late, they would put the date the check was due on it. However, I guess I could show that the check was cashed very late.Today she informed me that they had requested that she forward them my text messages. Is that legal?
Submitted: 2 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 2 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Yes, it is legal. They can't make her forward the texts without a subpoena, but if she wants to voluntarily give them to the employer she certainly can.

There is no confidentiality in text messages. Additionally, the employer is not the state so this is not an illegal search and seizure issue.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 2 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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