[bfrank14]

I have a friend that was fired from her job for texting another employee on there time off work. Can this really be legal. She has worked for this company for a long time and has been a steller employee. She has never had any disciplinary action or complaints against her. Help! I think she was wrongfully terminated

[smoothy]

Is she an "AT WILL" employee?

There is far more going on than your friend has told you. Or that you have said.

Because exactly how would they even know IF or who she was texting on her own time and how... what was the contents of said texts... who was the other individual?

If they were Company provided Cell phones they legally have acess to that information.. and to monitor usage.. and if there was a violation of usage policy of company property they had cause.

They don't NEED a reason if she is an AT WILL employee. She is employed at THEIR will, just as she can up and quit at any point she wished.

There are Federal laws pertaining to firings in retaliation for certain things. Sexual Harassment, whistleblowing... etc... but exceptions are limited and rare and are spelled out in the EEOC law.

[bfrank14]

She is a superviser and they are saying this is why she was fired with no warning. She has the same position as my husband and they were never informed that they were not to associate with employees on there off time.

[bfrank14]

I think that it was wrong that she was fired but, you are right it is AZ and they seem to be able to do what ever they want.

[Enigma1999]

Arizona is a "right to work" state.

That means you can quit with no reasoning, and an employer can fire you.

Do I think it's right? NOPE.

How do I know this? Not only do I live in Arizona, but I have owned my own business.

Now, if an employee has been fired, they do have the right to try and collect unemployment.

I'm not saying that she would be granted that, but she could try.

Also, it can all depend on where she was working. Was it a family owned business or a big corporation?

Perhaps this thread should be moved to the law forum where our law experts can help you with that. The only reason why I answered is because it was posted under workplace relationships.

I also think that Smoothy is correct. It sounds as if there is more to this story then she is telling.

[smoothy]

As I asked... HOW did they know who was texting whom when the supposedly happened on their own time?

IF it was on company owned cell phones they can and do have the right to limit usage to business use only, and know everything you text and call usage, inbound and outbound.

If they were personal phones, there is NO possible way the company could know or find out unless ONE party went to say something... and I'm willing to bet if that happened it wasn't something pleasant or wanted being texted.

There is a lot you aren't telling us, because you have dodged that question several times... that means you know but don't want to say... and it IS possible you know what they told you which may not be the whole or real story either.

But the basic fact is... right to work state... they don't even need a reason to show them the door... and if they have ANY cause at all. To fire them... they can prevent or try to prevent unemployment being paid... and yes... I have had to fight in court to collect unemployment once with one employer that tried to prevent me from collecting ( I won and collected). And I wasn't fired, I quit that job.

[Enigma1999]

Also, were there any stipulations as far contacting other employees outside of the business?

Please answer our questions.

[Fr_Chuck]

If they have a rule of no contract, ( which is a poor rule)
But yes, they can and appear they did

I will say I bet there is a lot more to this than is being told

[rjeffords]

Do employers have to pay a fine if unemployment judge rules in favor of the person who was wronfully terminated