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Hi I am opening another question as you said I need to ask a new question going forward.I got fired and they didn’t tell me why and they didn’t dispute my unemployment either and didn’t tell state why they fired me apart from saying that it’s at will.So in order to find out why it happened I texted my boss again using a text me number (not my number) and said the same thing that I am a recruiter and if he is looking for a job.In his reply he said that he knows who I am and the township’s police dept where my previous office was located has an evidence from HR that it’s me.He further added that if this continues then my township police will serve a warrant to pick me up.So now I know why they fired me and you told me that texting someone pretending to be a recruiter is not illegal and police won’t subpeoma for this.
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Answered in 10 minutes by:
4/28/2018
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,853
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Legally, they did not have to fire you for any reason and they do not have to give you a reason for the termination. It is NOT ILLEGAL TO TEXT SOMEONE AND SAY YOU ARE A RECRUITER, your boss is lying saying the police are coming after you, because it is not against the law. But your boss is also telling you to stop, because if you keep it up, then it turns into harassment and possibly electronic stalking which is illegal and grounds for them to arrest you.

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Customer reply replied 3 months ago
This is what his response is “Look, I'm telling you for the last time to stop harassing me and my family. The #### Police department has evidence from my HR department and charges will be brought against you if this continues. Believe me, we've know who you are. If I get one more text or phone call, Your township Police will serve a warrant to pick you up.Do not approach my family again”I just sent one text as a recruiter to see what’s going on and why they fired me and his response is above.It clearly shows that somehow they found out it was me and I am scared if the police has any evidence.I texted as a recruiter because a lot of politics was going on in my dept and I wanted to find out who is looking for a job elsewhere .I used a diff phone number from text me so that no one comes to know it’s me.I think either they have a solid proof or something is making them think it was me.Usually if police will issue a subpoena then they will get the IP address of the user from where they can chase who the ISP is and they will reveal the subscriber info in a subpoena.My unemployment has been granted but not sure if they can come and protest it now.
Customer reply replied 3 months ago
Also what is classified as text harassment, what kind of texts?Will calling an ex coworker on their phone from a spoof card and talking to them about what’s going on in the office classify as a identify theft.The SpoofCard app will display my boss’s phone number on my coworkers phone and it allows you to change your voice.

Thank you for your reply.

Again, HARASSMENT is illegal and you can be arrested for it. Why would you, after being so nervous over the prior incident, even think about doing this again? That is the problem here, you have to stop doing all of this, because you are now causing issues beyond what happened initially and a lawyer cannot stop or help you if you keep doing this.

You need to STOP. STOP CALLING ANYONE AT ALL and STOP TEXTING ANYONE AT ALL about this or you will end up charged with harassment.

It is harassment by text when he told you to stop and if you make any further contact after that in any manner. So stop contacting any co workers or your boss or anyone about this issue or you are going to find out that even an attorney cannot help you out of the harassment charges.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 3 months ago
I was just trying to find out what happened and why I got fired and that’s why I texted him again.After he texted me saying that to stop I texted again saying that I am just a recruiter.Can he go and file a report for harassment for this now?

Again, why would you do such a thing. I am afraid now you are making this worse by your conduct. If you texted after he told you to stop, YES, he can go to the police and try to file charges for harassment.

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Customer reply replied 3 months ago
I just sent one text after he said stop but won’t send any further.So just based upon one text the police can issue a subpoena?
Customer reply replied 3 months ago
I did this because I wanted to make it clear to him that it’s not me.

Thank you for your reply.

Sorry, you are making excuses which would not help you if he chooses to file charges. The reason you did it does not matter.

So based on MULTIPLE text messages, the one and then he told you to stop and you did it one more time, that is more than one text, he can go to them and file harassment charges and the police can investigate and seek a subpoena for the phone number the text came from to try to track the phone number.

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You made it clear alright, you made it clear to him that it was indeed you. Again you are making your situation worse and into one you may find no legal help for if you do not stop immediately.

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Customer reply replied 3 months ago
No I promise I wouldn’t ever text again but you already told me that since I replied to his text created a case for harassment.I won’t do it at all going forward but what can be done now?

Thank you for your reply.

You said after the last time with the other employees you would not do it again, but you did, you texted your boss and now are creating more issues for yourself. You need to let this stop and communicate with nobody else, nobody at all about this, or you will find yourself getting a summons for harassment.

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It does not matter WHY you did it, you should not have done it at all.

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Customer reply replied 3 months ago
what can be done now as you said the above case will be filed for harassment and police will issue a subpoena.Will I be jailed?
Customer reply replied 3 months ago
Will police come to my door ?

Thank you for your reply.

Nothing at all can be done now. NOTHING. IF your boss is not just trying to scare you and he does file a complaint with the police, they will investigate and if they are able to prove it was you, then they will either send you a letter telling you to appear at which time you will receive a summons OR you will get a summons in the mail OR the police will knock on the door and give you a summons.

They will not generally arrest you for this. You will not do jail time, even though it is a misdemeanor punishable by up to 1 year in jail, you will pay a fine up to $2500 and they will issue a restraining order preventing you from making any further contact and if you violate that, then you would go to jail.

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Customer reply replied 3 months ago
This is my reply to him and I didn’t text after that and won’t text in the future “Sir I don’t know what you are talking about because I am just a recruiter and reaching someone out for a job opportunity is not a crime.So even if you go and report this to police they won’t arrest me or file any report.Above all I am from Houstan not El Paso and tried to reach out regarding a potential job”.
Customer reply replied 3 months ago
I went to the police station to find out more about harassment and they said it has to be a repeated contact after the other party says stop, like a repeated contact for a week or Atleast 20 texts.Thats what my local police station told me.
Customer reply replied 3 months ago
They said texting someone as a recruiter is not an offense and anyone can text anybody anonymously.
Customer reply replied 3 months ago
How can I save myself from a fine, will this appear in my background check report as a offense?

Again, texting someone saying you were a recruiter was not against the law, but the boss said STOP, you posted that above once the boss said stop, you committed harassment by sending even one more text.

Yes, if they summons you then it will appear on your record as an offense, it is a minor offense, but an offense.

As far as saving yourself the fine, we cannot tell you that because it depends on what evidence they end up with against you.

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Customer reply replied 3 months ago
I originally sent two texts saying that I was a recruiter but he didn’t respond and then I sent one more text after he responded saying the above.I have not written anything offensive or threatening and this would be the only evidence they will have against me.Per what police described me it has to be a repeated contact for a week or Atleast 20 texts for them to file a report.

Thank you for your reply.

I believe the police are misspeaking to you, there is no such 20+ or for a week requirement in the law. If you sent one text after being told to stop, that could be deemed harassment. It is based on the recipient feeling they are being harassed, not on specific numbers or duration of time.

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Customer reply replied 3 months ago
But I will make sure that I don’t do this at all in future and I only did it to find out if text was a reason why they fired me.From my boss’s text it appears that the police issued them subpoena for the original texts I sent him last month and they came to know who was doing it and they fired me.When I sent original text last month I first said that I am recruiter and then he asked me to reveal my identity so I said I am an ex employee and I was joking.He asked me to stop texting and then I sent few other texts but nothing offensive.I know that they reported it to the police but not sure if they got a subpoena which looks like to me that they did.

Thank you for your reply.

It does not have to be offensive to be harassment. They may have obtained a subpoena if he told you to stop and you did not. It was not illegal to impersonate the recruiter, which I keep saying, it is illegal to send any text after being told to stop.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Employment Law Question
Customer reply replied 3 months ago
will police investigate and issue a subpoena for sending harmless texts too, how long does it take for police to investigate a case like this?
Customer reply replied 3 months ago
I just sent few texts last month and then today to find out the reason why I got fired.I will not send any further texts or call anyone but you said I am in a trouble already.

Thank you for your reply.

Look, in the scheme of all crimes the police have to deal with, this is minor. They are not going to kill themselves with rushing to do anything with this. They will look at the texts and send the case to the DA to see if the DA even wants to bother with this. It could take 30 days it could take 60 days. They have up to 1 year to make a decision based on the statute of limitations.

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Customer reply replied 3 months ago
I went to the police station to enquiry about harassment and they said in this case no crime has been committed so they won’t file a report but if this continues forever and repeatedly then the victim can file a report with civil court not criminal court .To be classified as a crime it has to be life threatening in nature and what I did is more like a nuisance in nature.I didn’t say that I will murder him or anyone else or put their house on fire.I just did a stupid act to pretend as a recruiter just to know what’s going on.I was very insecured about my job right from the beginning because I was outperforming my manager and he often felt insecured and so did my coworkers.I was more qualified than others and had a potential to grow but there weren’t any growth opportunities with in that company because of being a small company.What I did what not right but I did it because I was highly insecured about my job, even after producing a great work my manager had complaints with me for not staying long hours at work or for asking him to work from home.His boss told me that I could be a manager and feeling excited I told this to my manager and he took this so seriously that he brought the issue to HR and everything got messed up after that which made me text/call as a recruiter.

Thank you for your reply.

The police are not going to tell you much of anything about your situation. However, it is up to the DA as to what they take as criminal charges and what they do not take.

Again, you are obsessing over this issue and working yourself into a frenzy and you need to stop as it is not healthy for you to do. Let this drop completely. There is nothing more you can do and it is so minor it is not likely to go very far and a prosecutor is likely to not want to deal with it.

Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,853
Experience: 20+ Years of Employment Law Experience
Verified
Law Educator, Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 3 months ago
my boss was just threatening me so as to stop me for doing it more?

Thank you for your reply.

If you were to bet the odds, then the odds would be in favor of you saying he is likely threatening you to get you to stop.

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Customer reply replied 3 months ago
I have stopped texting completely but not sure if my boss will file a police complaint for the one text that I sent yesterday after he asked me to stop.

All you can do is stop, you cannot worry any longer about what your boss will or will not do.

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Customer reply replied 3 months ago
I just figured out that someone created a fake profile on LinkedIn using my identity, my name is ***** ***** a little different and company names are ***** ***** it has my phone number there, should I report it to police or LinkedIn because few people called me after looking at that profile.

Thank you for your reply. By the way this is a new question, but I will give you one last answer.

You need to report this to Linkedin. The police will not do anything with it. Linkedin will review the profile and shut it down.

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