Employment lawyer reveals the four text messages you should never send to a coworker
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Employment lawyer reveals 4 texts to never send a coworker
It's not uncommon for people to have a "work bestie" or "work spouse." Often, people spend a lot of their waking hours at work, so they're bound to feel like they've made true friendships with their coworkers. Before too long, numbers get exchanged, and they find themselves venting after hours about work, but this may not be a good thing.
Ed Hones is an employment attorney in Seattle, Washington, and he is not only discouraging coworkers from thinking of each other as friends, but also sharing what texts people should never send their colleagues. As an employment lawyer, Hones sees the legal fallout of the lines between friends and coworkers being blurred. Though he isn't saying people can't text their coworkers, he lists four specific types of texts to never send in case of a lawsuit.
"I see great cases destroyed every single day from one thing: old text messages," Hones reveals. "You might think that your text thread with your coworker is a safe space to vent, joke, or even scheme, but let me be clear about this one thing: it is not. In the eyes of the law, those text messages are evidence, and if you ever have to sue your employer for something, defense attorneys will find a way to get those text messages and destroy your credibility and tank your case."

Of course, no one plans to sue their employer or to have their employer sue them, but sometimes things happen that result in lawsuits. Once a lawsuit is filed, discovery often follows, which means phone records and other device communications can be requested. If you've been trash-talking your boss or making egregious claims, you may be stuck having to explain it in court. But avoid sending these four texts, and you won't have to worry about your employer finding something to use against you in a lawsuit.
1. Asking a coworker to bend the rules
Hones explains that this often happens in the form of asking someone to clock you in or initial a form they forgot to complete. It may be something you think everyone does every once in a while at their place of employment, but sending a text message is documenting the request. Explicitly asking a coworker to break this employment policy can result in termination being justified. The employment attorney implores people to avoid doing it completely.

2. Awkwardly acknowledging something inappropriate
"Here is the scenario," Hones says. "A coworker or supervisor texts you something inappropriate. Maybe it's a dirty joke or a comment about your private life, or medical condition. It makes you uncomfortable, but you have to see this person at the office tomorrow, and you don't want to make it awkward, so you reply with an LOL, laughing emoji, or a thumbs up. But if you send that text, you're walking into a legal trap called "The Unwelcome Standard.'" This means that if this behavior turns into harassment or creates a hostile environment, legally, it can be seen as being acceptable due to responses to inappropriate texts in the past.
3. Texting about job hunting
It's not uncommon for frustration to boil over and result in someone declaring they're going to start looking for a new job. Not every text or annoyed utterance about needing to find different employment is serious. Sometimes it is about blowing off steam, but other times it's truthful. Hones says not to let your employer be the one to decipher the difference in a court of law, because it may not work out in your favor. It could reduce an employee's lost wages claims, eliminate the ability to claim work conditions that resulted in an abrupt resignation, and even result in the company pushing an employee out if the text is revealed before they resign.
4. Talking trash about your boss or company
"We all need to vent, but doing it via text message hands the employer the perfect cover story," says Hones. This comes into play when an employee sues for discrimination or wrongful termination. According to the employment lawyer, if an employee sues for one of those reasons, the burden shifts to the employer to prove they didn't fire the employee for an illegal reason. If the employer discovers the negative texts about them, then it could give legitimacy to their claims if they have lied about the reasons someone was terminated. Hones says it's common for employers to lie in these cases by saying the employee was disrespectful or a bad employee, and texts trash-talking the boss would strengthen their argument.

Hones explains in another video that it's not wise to assume your coworker-turned-friend will have your back in an employment investigation. Often, people need their jobs and are unwilling to risk them to help someone else keep theirs. Becoming overly familiar with a coworker may feel genuine and comfortable, but maintaining certain boundaries will help protect you legally should you ever have to sue your employer.
"Work relationships do not necessarily have to be friendly to be healthy," Dr. Maya Reynolds, MD, MPH, Psychiatrist and Behavioral Health Spokesperson at Choice Point Health, explains to Upworthy. "Keeping personal relationships and work relationships separated keeps a person free from additional emotional entanglement, rivalry, and disappointment. Because when work relationships step into personal life, promotions or disagreements can feel personal rather than professional, which brings a great emotional toll on oneself. Also, maintaining boundaries at work promotes your psychological safety."



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