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I was terminated for a threatening text message outside of work after being harassed, is that considered wrongful termination?

San Diego, CA |

I was a cocktailer in a restaurant. I had an ex-roommate who would come in and harass me at work and sit in my section on purpose and I was forced to wait on her. I then, after she was gone from the restaurant, finally sent her a text message telling her she was stupid to think she's safe to drink in my bar. She returned to the restaurant the following week, showed the message to the manager and I was fired due to she's still considered a "customer". This is a hate relationship outside of work in my peronsal life and she was harassing me can they really fire me for this??

Also do I have a case for unemployment since I did not know I'd be breaking a rule for things that are in my personal life and not AT work??

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Attorney answers 1


If you are an at-will employee, you can be fired for any reason or no reason, except unlawful discrimination. If you do not have an employment contract or union to represent you, your recourse is limited. Discrimination based on age, gender, race, religious beliefs etc.... may give rise to a different answer.

You might find my Legal Guide helpful "Workplace Discrimination: A Basis for Wrongful Termination Claims"

You might find my Legal Guide helpful "How to Choose a Lawyer for you.”

You might find my Legal Guide helpful "What Do I Tell My Lawyer"?

No one can know what the record is in the case because online we cannot find out any details. Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. This observation is not like a communication with a lawyer with whom you have an attorney-client relationship along with all the privileges that relationship provides.