I can't even think of a title for this one!!!

This is a discussion on I can't even think of a title for this one!!! within the Job Discrimination & Harassment forum, part of the Hiring, Firing, Wrongful Termination category; I will try to shorten this as much as I can. I'm sorry if you find it too long. Okay...one ...

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Old Oct 20th, 2007, 10:27 PM   #1
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Confused I can't even think of a title for this one!!!

I will try to shorten this as much as I can. I'm sorry if you find it too long.

Okay...one day about 2-3 months ago I went to a bar with some coworkers after work. As I proceeded to get 'buzzed' I sent a text message to my wife that contained sexual content. The next day at work I found out that the message was actually sent to a coworker who was not at the bar with us. Shortly after I found this out, the coworker came into my office and I proceeded to explain that it was an accident etc., and I was very apologetic. The coworker seemed to accept my explanation and apology. Now, 2-3 months later, this coworker senses that her job might be in jeapordy, and brings up the issue of the text message, and that her therapist suggests she consult an attorney. Important notes on this: the coworker never complained about the incident to a supervisor. After learning of the accident I did inform a supervisor. In between the night the text message was sent and now, the coworker who accidently received the text message and another coworker have joked about the incident and language of the text message on their MySpace webpages.

Now...the day after I found out that my coworker might make an issue of the text message her Hotmail account was hacked into, and she is blaming me, but I actually think she is making it up or did it herself in order to have a case against me, and somewhat secure her employment. My questions are below:

1. Since the Hotmail incident happend after hours to an account that wasn't work-related, is there any way that our employer can take her claim of me hacking her Hotmail account into consideration? And if they can...

2. If my coworker gets the information from Hotmail that she is after, my name will be cleared. But what if they don't provide her with any information, which is what I found will most likely be the case (from doing research online).

3. I used my work phone to send the text message in question, after work hours. Does it make any differnece if the message was sent to her personal phone vs. her work phone?

Any knowledge, advice or opinions are greatly appreciated. I feel very close to losing my job over an accident, and bad timing of a common event (Hotmail accounts being hacked).

Thanks,
J
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Old Oct 23rd, 2007, 06:45 PM   #2
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Default Re: I can't even think of a title for this one!!!

It does not matter when or how you sent it.

Her delay in taking any action will work against her.

Hotmail can be subpoenaed and it will clearly show what happened.

Your message is not great, but it is not likely to cause you to be fired based on what you say here.
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