Many working people spend large parts of their days communicating with coworkers through email, as well as messaging platforms like Slack, Microsoft Teams, and Google Chat. These tools make collaboration easier, but they can also create risks.
Some of us have probably typed something we would prefer not to end up in front of HR. A joke that did not exactly land, a moment of frustration about a boss, or simply a discussion about your rights on the job.
For employees in California, your employer can discipline you for what you say on workplace communication tools. But there are important exceptions, like some kinds of conversations that employers often want to shut down. Employees generally cannot be punished for talking about pay and working conditions.
At Justice Law Corporation, our California wrongful termination lawyers help employees understand their rights on the job and fight back against illegal treatment by their employers. If you have been disciplined for messages sent on a workplace communication platform, our attorneys can help you determine whether you have a legal claim. We are experienced lawyers who have dedicated our careers to representing working people and their families.
The line between what your employer can and cannot punish you for blurs quickly. In many situations, it depends on what was said, where it was said, and why your employer is taking action.
Here is what you need to know.
Company Messaging Platform = Company Rules
California is an “at-will” employment state.
Employers can fire workers at any time and for almost any reason, or for no reason at all. On the other hand, workers can up and leave at any time they choose.
At-will employment means your employer does not need to justify firing or disciplining you over a Slack or Teams message that it does not like. Even if it seems out of proportion or unduly harsh, your bosses can show you the door over a tasteless joke or unprofessional discussion.
Employers generally control internal messaging systems. Employees have little or no reasonable expectation of privacy in the communications they send on systems owned by their employers. That is particularly true where companies have clear policies indicating that they can monitor communication systems.
In other words, you should assume that every message you send on a workplace platform can be read by your boss, your boss’s boss, HR, and others. It can be saved indefinitely, even if it is a direct message that is supposed to be “disappearing” or deleted after sending.
Clear Cases: Policy Violations
Employers in California have wide latitude to discipline or fire workers who violate legitimate workplace policies. That generally includes employees who use work communication platforms to send messages involving:
- Harassment
- Discrimination
- Threats of violence
- Bullying
- Offensive or abusive language toward coworkers
- Sharing confidential business information
- Revealing trade secrets
- Insubordination
- Dishonesty
A Massive Exception: Protected Activity
Employers tend to overstep their authority when they try to discipline workers for communications involving wages or working conditions.
Workers have legal rights to talk with their colleagues about pay, hours, schedules, safety, management practices, and other terms and conditions of their jobs. These protections are not only for employees who are members of unions or whose workplaces are covered by collective bargaining agreements.
Here is an example: An employee who thinks he was shorted on overtime pay goes into a group chat and asks his coworkers if any of them had similar experiences. This is precisely the kind of activity that state and federal laws are designed to protect. Sharing this kind of information is an essential part of ensuring workers’ wage and hour rights on the job.
Employers also cannot retaliate against workers for complaining about harassment and discrimination at work. If you send a message to a coworker talking about whether to go to HR about a supervisor’s harassing behavior, for instance, your employer cannot punish you for the communication.
The same goes for blowing the whistle on unlawful activity in the workplace. Your employer cannot discipline you for flagging theft, fraud, or other illegal behavior, even if you do not use the specific reporting process laid out by the company in its policies.
What About Political Talk?
Politics can be tricky territory in workplaces across the country, but especially in California.
There is no such thing as “free speech” at work for employees at private companies. The First Amendment restricts the government, not private employers.
That said, California law does provide some unique protections for workers in the state when it comes to political activity. Employers cannot try to stop employees from engaging or participating in politics or try to control workers’ political activities or affiliations. They cannot threaten to fire or discipline employees in order to force them into political action or to coerce them to refrain from political action.
“Political activity” is a fairly broad term in this context. It includes voting, campaigning, and simply being a member of a particular party. Your manager generally cannot discipline you if they review a Slack direct message that you sent to a coworker indicating that you support a political party that they do not like, for instance.
There is a big “but” when it comes to political talk at work. Employers do not need to allow their workplaces to become Ground Zero for political and social debate. They can enforce policies designed to keep employees on task. For example, they can keep work channels focused on work. That is, so long as these policies are evenly enforced.
Our California Wrongful Termination Lawyers Can Help
If you believe that you were unlawfully disciplined for messages sent on workplace communication platforms, you do not need to go it alone.
A California wrongful termination lawyer at Justice Law Corporation can help you evaluate your claim and understand your rights and options. We have a strong track record of optimal results through verdicts and settlements for the people that we represent.
Contact us at (818) 230-7502 to schedule a free consultation with a California wrongful termination lawyer.
