An employee speaking badly about their bosses is nothing new, and in previous generations, these conversations took place in hushed tones around the water cooler or outside of work during Happy Hour. Nowadays, our cell phones and computers are the main source of communication when workers are angry with their employer. Frankly, this is a dangerous activity to engage in, as employers have the right to fire you for insubordination, which includes disrespectful behavior. On the other hand, an employee may be angry about a perfectly legitimate situation at work, one that any reasonable person may complain about.
So, where is the line between ignoring negative comments and firing someone for trash talking your boss? Furthermore, can you be fired for sending bad texts about your boss, or do you have a case of wrongful termination? The attorneys of California Labor Law Employment Group can advise you on these issues and help you take legal action if you were wrongfully terminated for complaining about your employer via text or social media. For a free case review, contact us at your earliest convenience.
Trash Talking versus Insubordination
Insubordination is a concept that’s often misunderstood, but simply put, it refers to the defiance of authority or a refusal to obey an employer’s reasonable and lawful orders. In that case, is the act of trash talking your boss an example of insubordination? Yes, but it depends on the circumstances that elicited the comments, as well as the affect it has on the workplace.
Let’s say, for example, you texted a coworker about your boss giving you a hard time due to your need for lactation breaks (for the purpose of pumping breast milk). A co-worker texts you to ask about the situation, and you write back, “He’s a sexist creep who makes snide comments about how I’m the office favorite since I get so many breaks.” Clearly, this is a rude comment that doesn’t show you in the most professional light. However, California labor laws prevent employers from retaliating against employees for complaining about acts of discrimination and harassment. Thus, you may have a case of wrongful termination if your employer fires you over these texts.
Protection under the National Labor Relations Act (NLRA)
The example from the previous section is based on the protections that are afforded to workers under the National Labor Relations Act (NLRA). This federal legislation allows employees to engage in “concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Thus, employers are prohibited from engaging in terminations, demotions, and other forms of retaliation if an employee:
- Reports unlawful / unsafe activities
- Complains about discrimination and harassment
- Complains about underpaid or unpaid wages (or any other income they were promised)
- Discusses their salary with another employee
- Asks for reasonable accommodations (working remotely, lactation breaks, religious observances, etc.)
A real-life case that exemplifies workers’ rights is the wrongful termination complaint filed by former employees at the Triple Play Sports Bar & Grille. Employees were fired after they complained about the company’s incompetence due to their accounting mistakes. As a result, the workers ended up owing taxes, which put them in a tough situation. Derogatory language was used, and there’s no denying that the comments were rude and unprofessional. Triple Play fired the employees under the terms of their employee handbooks, which states that an employee “is subject to disciplinary action, up to and including termination of employment” if they engage in “inappropriate discussions about the company, management, and/or co-workers.”
If that sounds entirely too vague, you would be right, according to the National Relations Labor Board. First, the word “inappropriate” can mean different things to different people. Not clarifying what this means was Triple Play’s first mistake. Their second mistake was prohibiting discussion on workplace conditions / practices, which was a direct violation of the NLRA. Due to these violations, it was ruled that Triple Play wrongfully terminated their workers.
If you are the victim of a wrongful termination, please reach out to us right away. You may be entitled to monetary compensation if your employer is in violation of federal or state labor laws. A free consultation of your rights and legal options is just a phone call away.
When is a Termination for Trash Talking Justified?
Now, let’s switch gears and talk about situations where trash talking can legally result in a termination of your employment. Basically, this is where unsavory comments cross that line between unprofessionalism and direct acts of insubordination. The line may be crossed if you are making comments about your boss that have nothing to do with the protections outlined under the NLRA. If you call your boss “stupid” for mismanagement of company funds, you are likely protected from retaliation as you are complaining about an unsafe / illegal practice.
On the other hand, if you’re calling him stupid with the intent to make him look bad and cause a workplace disruption, that’s an example of insubordination. Actions like eye rolling, refusing to perform a reasonable task, or making defamatory or slanderous comments about your boss also constitute insubordination. At the end of the day, the source of your negative feelings and your intent in making those feelings known are the main factors that determine whether you were wrongfully terminated.
Can I Sue my Employer if I was Fired for Sending Bad Texts about my Boss?
As we’ve previously stated, your employer’s right to fire you is based on the nature of your communications, whether they were based on a legitimate workplace concern, and if the employee’s actions caused a serious disruption in the workplace. In short, you may grounds for a wrongful termination lawsuit if you were fired simply for texting negative comments about your boss.
However, the legal process does not begin with a lawsuit. Instead, labor disputes must be initiated at the state of federal level, so you will need to file a complaint with the State of California’s Department of Fair Employment and Housing or the U.S. government’s Equal Opportunity Employment Commission. Our attorneys will help you determine the right course of action and ensure that all the necessary information is included in your claim. Once you submit the complaint, a hearing on your case must be scheduled within 180 days. This is how most wrongful termination cases are resolved in California, meaning the dispute was settled privately without court intervention. A lawyer is not necessary for the hearing, but legal representation is strongly recommended. It’s more than likely your employer will show up with a lawyer, so it makes sense to have someone that’s in your corner.
If your wrongful termination claim cannot be settled by the appropriate agency, filing a lawsuit is the next step. Lawsuits for wrongful termination are incredibly complex and should not be attempted on your own. Our lawyers are ready to take action on your case and bring you maximum payment for your fanatical and emotional losses.
Wrongful Termination Lawsuit Case Values
Of all the question we receive at our law firm, “What is the average value of a wrongful termination case” ranks at the very top. Frankly, there’s no universal answer to this question, as the value of an employment claim is based on the combined value of your losses, which are known as “damages.” Depending on the circumstances, your available damages may include:
- Your lost wages, which include back and front pay, as well as bonuses, commissions, and unpaid OT
- Value of lost benefits, such as healthcare, pension funds, and stock options
- Pain and suffering
- If applicable, reinstatement of our job / position
- Changes in workplace policies to protect workers in your situation
- Cost of legal representation
- Punitive damages
Amounts in each of categories vary widely from claimant to claimant. If we were to take an educated guess, we would say that settlements may fall within the range of $5,000 to $100,000. We know this is a very wide range, but it goes to show you the importance of speaking with a lawyer experienced in wrongful termination lawsuits. This way, you can discuss the nuances in your case and determine a value that’s in line with the harm you’ve suffered.
How long do these Cases take to Settle?
Just as we’ve mentioned with case values, there’s no set amount of time for how long these cases take to settle, as no two cases are alike. Due to the process that’s involved, we can say that the majority of these cases will take around a year to resolve. Frankly, speaking with a lawyer right away and filing a complaint with the applicable federal or state agency is the best way to ensure a timely resolution. But it can take months for the agency to schedule a hearing, especially in busy states like California. If your case cannot be settled by either of these agencies, you will need to proceed with a lawsuit, which is where the timeline really increases. From start to finish, it may be two or more years before a jury rules on your wrongful termination case. Again, this is if your case goes to trial; most employment claims settle before then.
How much time do I have to Sue my Employer?
The statute of limitations for a wrongful termination case depends on the nature of your claim. If you’re lawsuit is due to a breach of contract – for example, your termination violated a written or oral contract between you and your employer – you have two years to pursue a legal action. The two year window also applies if your termination was a “public policy” violation, such as retaliation for reporting unsafe work practices. However, you may have 3 years to file a lawsuit if your termination violated the California Fair Employment and Housing Act (FEHA).
Statute of Limitations to File a Wrongful Termination Lawsuit
The amount of time you have to sue your employer is based on the nature of why you were fired. Lawsuits based on breach of contract, for example, must be filed within 2 years of the termination date. You also have two years to file a lawsuit if your employer committed a public policy violation by firing you. A common example is terminating an employee for speaking out against discriminatory practices, which is a form of retaliation. Alternatively, if you can show that your employer violated California’s Fair Employment and Housing Act by firing you, your statute of limitations is extended to 3 years.
Don’t worry if you’re unsure about the filing deadline for your claim. We can verify the statute of limitations you will need to meet and ensure that you claim is filed on time.
Second Opinion on Active Employment Claims
Doctors provide second opinions if you’re unsure about a treatment plan or medical diagnosis. Lawyers provide the same type of service if you have questions about an existing wrongful termination claim. We can help you with all our concerns, including dissatisfaction with your current attorney due to their incompetence of lack of communication. It may be in your best interest to switch your lawyer and continue your claim with us, but we want you make an informed choice after speaking with one of our employment experts. Regardless of what you decide, the consultation is 100% free, so there’s nothing to lose by taking some time to speak with us.
The Zero Fee Guarantee
Our law firm is here for your 24/7 with the advice and experience to fight for your legal rights. We’ve had many years of success in the recovery of settlements for wrongful terminations. Unlike less experienced law firms, we know the subtle nuances in state and federal laws that apply to complex work situations, like trash talking your boss, dating a co-worker, or refusing to cover up tattoos and piercings. If you were treated unfairly or wrongfully terminated, please come and see us for a free consultation.
As for our legal fees, you don’t need to worry about that, since we offer a Zero fee guarantee. That means you pay nothing for our services, even if you’re coming to us from another law firm. We only get paid at the end of your case, when you receive your settlement award. If we fail to recover you damages, you won’t be billed for a single penny of our expenses.
A California employment law attorney is waiting to speak with you, so don’t hesitate to give us a call.
