My question involves labor and employment law for the state of: Texas
I was recently terminated for "messaging another employee on Facebook on a company computer during business hours."
The truth is that I wrote a "private" message to another employee (who was at the time and still is on maternity leave) on my own computer in the privacy of my own home. I actually have the original conversation from Facebook (which my employer supplied me with)with the time stamps to prove that 90% of the conversation didn't even take place on a work day, and the part of the conversation that did take place on a work day took place at 6am which is two hours before I even go to work.
As it turns out, the lady that is on maternity leave left her login on so that when another employee went to use that computer and went on her Facebook page and started snooping around, she went in her private messages and found a "private" message conversation between another employee and I about our boss.
I saw on an AZ thread that for someone to view another persons "private" messages even if that person inadvertently left their login open it was considered a class 2 misdemeanor and possibly a civil action of invasion of privacy because it is considered equal with opening a persons' mail because it is password protected and not everyone has access to it. Is this the same for Texas and does it apply to a company computer even if the company computer was not used to generate ANY of the correspondence in question?
I just want to make sure that Texas Workforce Commission will honor my claim for unemployment and I could sure use the info. Also, if it the answer they gave me for firing me truly is their reason for firing me, then the whole office (including my boss) would have to be let go.