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can a person be terminated for sending an email about another employee? Georgia

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  • can a person be terminated for sending an email about another employee? Georgia

    Mmmmmmmmmmmmmmm
    Last edited by indi816; 08-07-2014, 12:55 AM.

  • #2
    Based solely on the information in your post, the answer is yes, a person can be fired for that.

    It is possible, not probable but possible, that additional facts may change the answer. Do you wish to supply some?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      mmmmm

      Mmmmmmmmmmm
      Last edited by indi816; 08-07-2014, 12:56 AM.

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      • #4
        Who the person was, what you said, who you said it to...
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          mmmmmmmm

          Mmmmmmmmmmmmmmm/mm
          Last edited by indi816; 08-07-2014, 12:56 AM.

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          • #6
            The starting point is that by default all terminations are legal under Employment At Will until/unless a violation of an actual law occurs. Example. I can fire Kim because it is Tuesday or raining or because Kim is a Yankee's fan because those are not protected actions. I cannot fire Kim because Kim's race, gender, national origin et al because it would violate a law called Title VII.

            In your case, emailing per se is not legally protected, but the nature of the email might be. Example, two workers talking about grievances might be protected under NLRA.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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            • #7
              reply

              /Mmmmmmmmmmmmmm
              Last edited by indi816; 08-07-2014, 12:49 AM.

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              • #8
                It is not an "either/or". Two co-workers talking may or may not be protected speech under NLRA. One person saying bad things about another person may or may not be defamation under libel/slander laws. I can say that most terminations are legal under Employment At Will, and you have to find a labor specific law such as NLRA being violated for a "wrongful" termination to exist. Just to be clear, the employer does not have to prove anything to fire someone. The employee has to prove that the termination is legally "wrongful".

                Not the question, but sending personal emails on the company computer is DUMB. Sending emails trashing one's boss or co-workers on the company computer is way beyond dumb. The employee almost never has a legal expectation of privacy on a company computer.
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

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                • #9
                  So far, you have posted nothing to suggest that the termination was in any way wrongful.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                  • #10
                    understood

                    Mmmmmmmmmm
                    Last edited by indi816; 08-07-2014, 12:50 AM.

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                    • #11
                      Clearly OP is fearful his/her post will be seen or just pissed off since he/she changed all his/her posts to read mmmmmmmm
                      http://www.parentnook.com/forum/

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