Hello,

I live in Minneapolis and recently I was terminated for email that took place between myself and a non employee that contained sexually explicit content, text.

I never received any warning or write up, just called into the office shown the printed copies of our email and terminated.

The emails were never about company secrets (not as if we had any anyways).

Do I have any legal recourse?

alkalineangel

were you using the company's email? they have every right to if you were. Just like they had the right to read your mail.

NeedKarma

Here in our government office we are shown the 'email acceptable use policy'. You must have such a document there as well for them to base their dismissal with cause. It is odd that you were not given a warning first.

alkalineangel

true, we have one of those as well. they send out reminders every so often...

Synnen

Generally, when you start with a company, you are given the speech/paperwork to the effect that you can not use company equipment for personal use.

Company email is company equipment.

You probably have no legal recourse. What you were doing was personal business on company time and in company property.

Klondike

Because the company is a small company, they use an outsourcing company to handle the HR responsibilities. Although we eventually had to sign internet usage policy, no in depth discussion was ever brought up in regards to email.

The fact that it was the companies email and equipment shouldn't be relevant if I know for a fact that other employees including the CEO use the email for personal use, i.e. spouses, siblings, friends and so on.

I really appreciate all of your responses!

ScottGem

Oh but you are wrong. The fact that it was company e-mail and company equipment is VERY relevant.

You say you had to sign an internet usage policy, what did that policy say? I suspect it said more than enough to justify terminating you. Do you really think that sending sexually explicit e-mail using your company facilities was OK to do?

Give me a break here. I don't think you have even a hint of legal recourse. Your only hope is that they don't tell anyone the exact reason they fired you.

NeedKarma

Sorry but in the matter of law it does not matter that they do it too. Also personal use and explicit sexual content are two different animals. What matters is that you signed an internet usage policy, most likely without reading it, and you violated some of the policies.

shygrneyzs

No, you do not have any legal recourse for being fired. You say you know others who use the email for personal uses. Did that make your usage right? No. Anyone should know, must know, that sending sexually explicit email to anyone from their workplace, is a justifiable termination of employment.

It would not matter if you went and tattled on the other employees - it is not going to get your job back.

modular01

Well, seeing as how you were using a company owned computer, on company time, to send emails of an explicit nature, you really don't have any recourse. It doesn't matter if others do it or not, it's just that you are the one that got caught.