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My employer is being sued by an ex employee. ExEE gave my…

My employer is being...

My employer is being sued by an ex employee. ExEE gave my employer copies of text messages from me. The texts were written by me to the exEE

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

Part of the problem is that my employer which is a county, their lawyer called me in and told me they had this text. They showed it to me and talked to me and said they would tell me when they would approach the HR director with the text. I felt bad about the text and went to the HR director and told her about. The lawyer had lied to me because the HR director had already been shown the text. The H R director showed my supervisor and he says this is a very serious issue. Can they punish me for this text which was obtained without my knowledge on my private phone?

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will.

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

What rights do I have? I feel my privacy is violated.

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Answered in 7 minutes by:
6/8/2018
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,955
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.

Unfortunately, yes, because the other party turned over the texts and you lost any privacy rights once you hit the send button on the text message. I am afraid that if the text violated any employer rules, the employer can punish you for that. So, it would be up to the employer to enforce their rules and if they choose to discipline you because it did break the rules (regardless of what the county attorney told you of when he would turn it over), that is up to the employer.

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.

Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,955
Experience: 20+ Years of Employment Law Experience
Verified
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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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