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Can you get sued for giving the middle finger to someone in…

Can you get sued for...
Can you get sued for giving the middle finger to someone in public while driving?
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1/18/2018
Roy Hadavi
Roy Hadavi, Attorney
Category: General
Satisfied Customers: 1,484
Experience: Attorney at Law Office of Roy Hadavi
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Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Answer: No, this type of action is protected under the First Amendment, freedom of speech clause. Although not thought of as traditional speech, hand gestures also fall under the protection of the First Amendment.

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Roy Hadavi
Roy Hadavi, Attorney
Category: General
Satisfied Customers: 1,484
Experience: Attorney at Law Office of Roy Hadavi
Verified
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Customer reply replied 6 months ago
What if me and the other driver were on lunch but we both were clocked out down the street from work, off of the property. Does that change anything?

No, it does not change anything between the two of you.

However, your and/or the other person's employer may terminate your employment based on this incident.

Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: https://www.justanswer.com/law/expert-royhadavi/ Or, simply request “Roy only” in the first line of your question.

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Customer reply replied 6 months ago
Even though we were clocked out and weren't on the property?
Customer reply replied 6 months ago
He was the first to stick out his finger,if he did report it,would they have to fire both of us?

It would really depend on your employer, but the employer could choose to terminate your employment. The First Amendment only protects against government action, not against private employer action.

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Customer reply replied 6 months ago
Would it be credible even though I was 100 ft behind them when I gave the finger,in a different vehicle,no words were exchanged.

Unfortunately, yes, because an employer has the right to terminate employment at-will.

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Customer reply replied 6 months ago
If he did report it ,I would also let them know he did it first, even with that the company would have to choose between firing both of us or just 1?

That is correct.

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Customer reply replied 6 months ago
the company would have that right even though we were both clocked out of the work system and off of the property?

Yes, that is correct. The at-will nature of employment allows the employer to terminate employment at any time for any reason or no reason at all.

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