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boss intercepted email, fired me!

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mike6623

Junior Member
What is the name of your state (only U.S. law)? Ohio

I have email at work that I use for personal and business . I recently emailed a friend and used some choice words to describe my boss in my email. He intercepted my email doing routine checks on outgoing messages and fired me after reading what I said. Does the first amendment protect me here, or is he in the right, or shoudl I say, can he do what he did legally? I need to know what could happen and if I could win this.

Thanks
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? Ohio

I have email at work that I use for personal and business . I recently emailed a friend and used some choice words to describe my boss in my email. He intercepted my email doing routine checks on outgoing messages and fired me after reading what I said. Does the first amendment protect me here, or is he in the right, or shoudl I say, can he do what he did legally? I need to know what could happen and if I could win this.

Thanks
Hope you'll learn for this mistake. He was well within his rights to fire you. You have no expectation of privacy when it comes to your work email
 

justalayman

Senior Member
your 1st amendment rights are applicable to the government and their limitations on your freedoms of speech, not a private entity.
 

mike6623

Junior Member
Thanks, but I have a lawyer and I was just wondering, what type of defense will he even try to use. I mean, if one of you were to take this case, what would be you defense? He has to have something in mind...I hope. And even though I was just stating an opinion, he can use that agaist me? I realize it was unethical of me, but to fire someone based on their personal opinions doesn't seem right.
 

Isis1

Senior Member
Thanks, but I have a lawyer and I was just wondering, what type of defense will he even try to use. I mean, if one of you were to take this case, what would be you defense? He has to have something in mind...I hope. And even though I was just stating an opinion, he can use that agaist me? I realize it was unethical of me, but to fire someone based on their personal opinions doesn't seem right.
i can fire you, because i don't like you. yep, based on my personal opinion of you as well. it's my constitutional right.
 

justalayman

Senior Member
but to fire someone based on their personal opinions doesn't seem right.
it may not seem right but it is absolutely legal. I am curious as to what your attorney is claiming is the basis of a case for you. It was a company e-mail, you were using it on company time with company equipment. He had every right to have every single e-mail viewable to him all the time if that was his desire.

yes, there are reasons he cannot fire you for but badmouthing him is not one of them. Not even close.

actually, firing somebody for their personal opinions is a quite common reason for firing somebody. To test it out, walk up to each subsequent boss from here on out and tell him you think he is a jerk and see how often you will be fired for your personal opinion.

Your personal opinion of your boss and the company will have a direct effect on how you act in discharging the duties of your job. Disgruntled employees tend to be less productive even to the point of damaging company property.

anyway, there was no breach of law in your termination.
 

cbg

I'm a Northern Girl
I wouldn't take this case because there is no defense. It is absolutely legal to fire you for badmouthing the boss. This is not even close to a first amendment issue.
 

swalsh411

Senior Member
I have email at work that I use for personal and business .
This was your first mistake. One should never assume any level of privacy when using an employer-owned computer network. Your second was obviously to bad-mouth your boss using the employer-owned computer network.
 

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