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Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 103584
Experience:  Years of experience in running a medium sized law firm.
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I recently lost my job. Actually I was given the choice to

Customer Question

I recently lost my job. Actually I was given the choice to either tender my resignation or be terminated. To bring this into focus, please allow me to explain. I was having a conversation with a woman I am seeing and at some point during our conversation (text) the communication turned sexual. One of the texts I thought I sent to her accidentally went to a co-worker. I had not a clue that I had done so. I recieved a text from the co-worker telling me to "Never Send Her A Text Of That Nature Again". I was mortified. I called her and apologized and explained that her name was right above the name of the woman that the text was intended for and I guess I must have checked the wrong name. I even presented her with an "I'm Sorry Card" the next day at work...I guess my question is what should I expect?
Submitted: 8 years ago.
Category: Employment Law
Expert:  Ely replied 8 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



I am sorry for your situation. Do you mean what you should expect in terms of unemployment decision?





Customer: replied 8 years ago.
No. Should I expect legal action on the part of the co-worker and based upon what you know would you say I have a case against them based upon the circumstances.
Expert:  Ely replied 8 years ago.
No, it was obviously a mistake so I doubt HIGHLY any civil action can be brought on their part. REALLY. So you can relax about that.As for the termination - I don't have such good news. Companies have considerable right to hire/fire, demote/promote, and discipline workers, as long as said decision is not based on race/gender/ethnicity/religion/etc. Thus, however unfair and blatantly idiotic the reason is, it is within the law for the company to make said decision. I am sorry.


Best of luck in your matter. I'm here if you need any more clarification or follow up info.



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Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



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Customer: replied 8 years ago.
I just need clarification on one point. When you say "Their point, is that to mean the "Company" or the "Individual"...My concern is the "Individual".
Expert:  Ely replied 8 years ago.
I don't say "their point" anywhere. Can you clarify? Sorry.
Customer: replied 8 years ago.
I'm terribly sorry, I meant "Their Part"...I'm not concerned about any civil action on the part of the company, I am concerned about a civil action being brought against me by the co-worker.
Expert:  Ely replied 8 years ago.
The one that you texted to accidentally? Well, what exactly did you text her?
Customer: replied 8 years ago.
Graphic Sexual Content.
Expert:  Ely replied 8 years ago.
You mean it was a photo or text? Or both?
Customer: replied 8 years ago.
Just a photo
Expert:  Ely replied 8 years ago.
Of what? Sorry, I need to know to see if its actionable, and don't be embarrassed - this is anonymous.
Customer: replied 8 years ago.
My groin area
Expert:  Ely replied 8 years ago.
Okay. She CANNOT sue you. Let me explain.
Lawsuits are made up of causes of action, in other words, to file suit, you need a cause of action (at least one).



You can file multiple causes of action together. All causes of action have different elements you have to satisfy. For example, “negligence” is proven if there is (1) a duty owned to Plaintiff and (2) the Defendant breached that duty.


The CLOSEST she comes to here is INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, but even then, it has to be INTENTIONAL. Nor was it harassment b/c it was not intentional (again). There exists no cause of action for her to utilize.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”