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Question

I sent a nasty email to a woman who works within the same company as me but in a different store. Most of my email was work related but I also criticized the use of a nude picture of hers posted on myspace. This last comment could be seen as a threat. I apologized by email the next morning after discussing it with a coworker. Both messages were sent through myspace while I was off work and from my own computer. What are my legal ramifications?

Submitted: 75 days and 19 hours ago.
Category: Legal
Value: $28
Status: CLOSED
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Optional Information

State/Country relating to Question: Oregon

Already Tried:
The coworker in question, who at the time worked in the same store as me, had asked the manager of my store to fire me so she could work there instead. I have an excellent record and the manager defended me by saying there was no reason to do so. The co-worker also had made personal attacks at a different colleague, and questioned the practices of the manager before going to work at a different store, a move beyond her control from upper management. I addressed these issues in my letter. The manager claimed the firing threat as a joke and her other behavior being a result of bad feeling towards the move to another location. After the discussion with my manager, I apologized through myspace and off the clock.

The threat comes from her nude picture on myspace. I stated, "(a neighboring store owner acquainted with the story) googled you and found you and your naked picture here on myspace. If you plan on making enemies like you have, you should not have that posted for all the world to see." This was my personal reaction as I was embarrassed to see her like that. It was not a threat to do anything. I was letting her know that as a result of her bringing such ill will to the store, she had caused a search for her on the internet and now she was exposed. I am a prude. The picture is of performance art. In my apology, I said, "And I didn't mean to make any judgment about your myspace page. I understand and accept that it is all artistic. It just disturbed me that (the male store owner) had seen it because he didn't see it that way."

All was done off the clock and at my computer. The first message was done while the store was closed. She brought it to upper management and one of them has said it is a "legal issue" now equitable to harassment. He refused to speak to me. The regional manager is expected to discuss it with me at some point.

Is this harassment? Is this a probable cause to fire me?

Posted by INFOLAWYER 75 days and 19 hours ago.

Answer

I do not see a consequence to you. if you didnt send it to anyone but her, there is no defamation claim. Likewise, given the nature of the comment and the apology, the police would not pursue it.   You should avoid further contact with her and this matter will go away.   

75 days and 18 hours ago.

Reply

I added more while you were answering me- that was quick!:

Already Tried:
The coworker in question, who at the time worked in the same store as me, had asked the manager of my store to fire me so she could work there instead. I have an excellent record and the manager defended me by saying there was no reason to do so. The co-worker also had made personal attacks at a different colleague, and questioned the practices of the manager before going to work at a different store, a move beyond her control from upper management. I addressed these issues in my letter. The manager claimed the firing threat as a joke and her other behavior being a result of bad feeling towards the move to another location. After the discussion with my manager, I apologized through myspace and off the clock.

The threat comes from her nude picture on myspace. I stated, "(a neighboring store owner acquainted with the story) googled you and found you and your naked picture here on myspace. If you plan on making enemies like you have, you should not have that posted for all the world to see." This was my personal reaction as I was embarrassed to see her like that. It was not a threat to do anything. I was letting her know that as a result of her bringing such ill will to the store, she had caused a search for her on the internet and now she was exposed. I am a prude. The picture is of performance art. In my apology, I said, "And I didn't mean to make any judgment about your myspace page. I understand and accept that it is all artistic. It just disturbed me that (the male store owner) had seen it because he didn't see it that way."

All was done off the clock and at my computer. The first message was done while the store was closed. She brought it to upper management and one of them has said it is a "legal issue" now equitable to harassment. He refused to speak to me. The regional manager is expected to discuss it with me at some point.

Does my employer have ammunition now to fire me?

Posted by INFOLAWYER 75 days and 18 hours ago.

Answer

Legally, the employer can fire for this reason. The employer has a lot of discretion and no matter what you do, even if you didnt send either e-mail, it could do so. Now since you apologized and if you explain what happened if asked, that may not happen.

75 days and 18 hours ago.

Reply

Is it that they can fire me because it is work related? The myspace thing was personal but can used against me? Doesn't the fact that I wrote them while not at work save me in some sense?

I actually think I am safe as I've had an excellent record for the 3 years I've been working there and this all happened 2 weeks ago. The regional manager said something to the effect that I am safe to my store manager but I still haven't spoken with him. I would like to believe that since this was done while I was off that it doesn't matter. If I were to meet her in a public place and say these things, would I still be in trouble?

Accepted Answer

Legally the employer can fire for no reason and any reason. It can fire the best performing employee or the worse. The exception is that it cannot fire because of race, gender, age, nationality or religion.

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Expert: INFOLAWYER
Pos. Feedback: 97.0 %
Accepts: 
Answered: 9/8/2009

Lawyer.

Licensed attorney helping individuals and businesses with their legal questions

75 days and 18 hours ago.

Reply

Thanks

Posted by INFOLAWYER 75 days and 18 hours ago.

Info Request

You are welcome.

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