Employer Employee Texting Day and Night

Question to Ask the Workplace Doctors about if it is legal for an employer and employee to be texting.

If an employee and employer were texting each other for 2 months day and night, is that a legal issue for the employer?

Signed, Legal Curious

Dear Legal Curious:

Our disclaimer suggests that we don’t answer legal question. Even a legal answer to your question might be “It depends.” An attorney could provide you an answer in light the context of the situation and size of the workplace. For example if the employer was married and his spouse made the affair cause for divorce, that could cost the employer dearly.Why do you ask? What is your position in this situation? How do you know the texting is day and night and is in fact an affair? If you are one of the parties doing the texting, you have a lot to think about should an affair of a superior and a subordinate sour. That could affect the reputation of the company if sexual harassment were charged. If you are an employee who has work dumped on her because of the affair, you resent that. If you are a stockholder or partner in the company, you too have worries because certainly the quality of product and/or surface can suffer resulting from the distraction of an affair of employer and employee. This is not to say all workplace affairs never bloom into meaningful relationships.

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