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Well. sent a text to a perspecive client by mistake. Not…

Customer Question
Well. sent a text...

Well. sent a text to a perspecive client by mistake. Not currently doing business with my compnay but is in the process of enrolling to do business. One of my kids was trying to send his broither a text that read " better a work around than a reach around". I caught it after and sent a "sorry worng text" response. Can that get be fired?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time at will I believe

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nothing else that simple

Submitted: 8 months ago.Category: Employment Law
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Answered in 21 minutes by:
9/23/2017
Employment Lawyer: socrateaser, Lawyer replied 8 months ago
socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 39,884
Experience: Retired
Verified

Hello,

I am a California licensed attorney with comprehensive knowledge of employment law.

Under Cal. Labor Code Section 2922, an employer or employee may terminate an employment relationship, "at will": at any time, for any reason, or for no reason at all. Obviously, there are exceptions to this rule -- the most well known being discrimination based upon race, color, nationality, religion, sex, age or disability.

Your stated facts do not raise any issue of discrimination, therefore, the employer can terminate employment due to the text. The key to understanding this is that the employer can terminate employed even if you never sent the text at all.

Whether or not the employer would terminate based on the facts you describe is unknown. It seems fairly trivial to me -- but, if an employer is looking for an excuse to terminate an employee, it can and will (in my experience) use whatever it chooses to justify its actions.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Category: Employment Law
Satisfied Customers: 39,884
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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