Receiving a termination notice due to private text messages can be a shocking experience.
In the United States, the National Labor Relations Act (NLRA) protects employees' right to discuss workplace issues, including wages and working conditions, in private conversations.
Private text messages may be considered a form of protected concerted activity, but it's essential to understand the boundaries.
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Job Security Risks
Your employer can monitor emails and other communication, looking for key words or phrases that suggest illegal or unethical behavior. This is true even if you send the message from your personal account, as long as it's on a company-owned device or over the company network.
Many employers have a legitimate reason to care about certain messages, such as those that allude to criminal activity or professional ethics issues. This can even include messages sent on your personal device and network, if they get back to your boss.
You can get fired for sending private emails or text messages that your employer considers to be a problem. The lines between what is and isn't acceptable are extremely blurry, so it's best to err on the side of caution.
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In some cases, even venting about your boss can be a problem. For example, if you email a coworker saying your boss is a jerk, that conversation may not be protected under Section 7 of the National Labor Relations Act.
Here are some scenarios where you could get fired for private text messages:
- Using your employer's time or property to send a message.
- Sending a message that alludes to criminal activity, acts against the employer or coworkers, unlawful harassment or bullying, or professional ethics issues.
- Sharing personal information or venting about your boss in a way that could be considered unprofessional.
Manager's Rights
As a manager, you have certain rights when it comes to monitoring employee communications, including private text messages.
Managers can generally access and review employee text messages if they're stored on company-owned devices or servers.
You can set clear policies and guidelines for employee communication, including the expectation that work-related conversations may be monitored.
But, be aware that managers may not have the right to monitor personal text messages sent on employee-owned devices during non-work hours.
In some cases, managers may be able to access employee text messages if they're related to company business or if there's a legitimate business reason for doing so.
However, employees have a reasonable expectation of privacy, and managers should tread carefully when it comes to monitoring personal communications.
If you're unsure about your rights or responsibilities as a manager, it's best to consult with HR or a lawyer for guidance.
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