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My question involves labor and employment law for the state of: Arkansas
I was suspended for a pay period (two weeks) without pay for discussing the possible termination of co-worker A with co-worker B via text message using our personal cell phones. Just wondering about the legality of this since we were not using work resources. Thanks in advance for your input.
Absent a collective bargaining agreement or contract to the contrary, your recourse is to file for UI for those weeks. The first will be served as a waiting week. Doing so may put you on UI, while you look for new employment.
Work resources have nothing to do with it. Obviously it was on company time. If you are suspended without pay, you certainly don't work during that period. Basicly, unless you are a public employee protected by a collective bargaining agreement, there is nothing you can do, except quite or continue being a gossip and get fired. Most employment is at the will of the employer and you can be fired for or without cause.
OP, when did you exchange text messages with Co-worker B? Was it during work or after work? What was the substance of the messages?
It is not inherently illegal to suspend (or even fire) you for use of your personal cells on company time. However, I know what ESteele is getting at and his questions are relevant to whether in this specific set of circumstances, the suspension might be a violation. If you can answer his questions, you can get a more direct answer.