The Legal Ramifications of Swearing at Work in California
- Swearing at work in California has come to fruition in the form of a recent court decision, which dealt with an employee who was fired for swearing at his boss. The court upheld the termination of this worker, but not because he used foul language. While it is true that using foul language at work could be grounds for termination because of its impact on company morale, the court decided that this was not the case. Rather, they decided that his use of foul language was not the most important reason for his termination and, therefore, the company had cause to terminate him.
- The worker in this particular case was an inside sales representative. He worked for AT&T, selling various company products to clients over the telephone. During his interaction with one client, he used vulgar language and called her an “asshole.” His boss heard him use this offensive language and reported it to upper management. The company then released the worker from his position.
- The court held that there were many reasons why the company fired their worker; however, they did not hold that his use of foul language was the most important reason for termination (Vacca v. AT&T Mobility Services). Furthermore, using profanity at work is most likely against your employer’s code-of-conduct policy, no matter where you work or what type of job you have. This means that even though the AT&T worker was not fired because of his use of profanity, it could be grounds for termination at other companies (and in California).
- Swearing at work is often frowned upon by employers and courts alike. This does not mean that you will always lose your job if you swear; however, employers are allowed to fire their employees for almost any reason as long as they do not specifically violate a state or federal law (such as firing an employee due to race, gender, etc.). For this reason alone, if swearing at work is against your company’s code-of-conduct policy or personnel handbook, it would be wise to avoid using such language if possible That being said, what should you do if you are fired for using bad language at work?
- You may be wondering whether or not the court’s decision is fair. It most likely is fair since they were upholding company policies and state laws. However, it also means that it would likely be difficult to find a wrongful termination suit here (or in California). Therefore, even though swearing at work is legal in California, there are certain risks associated with doing so. According to William D King if your employer asks you to stop using vulgar language and you continue to use such words, then you could lose your job. This is true regardless of how strongly your employers feel about profanity-laden speech.
- If you have been terminated from any job due to swearing or other inappropriate office behavior, it would be wise to speak with an employment attorney about your rights. The court’s decision in this case is only one example of the many ways that swearing or using foul language at work can get you into legal trouble (Vacca v. AT&T Mobility Services).
FAQs:
In what ways can swearing at work get you into legal trouble?
There are many ways that using profanity at work can result in legal trouble. In the case above, the worker was not terminated because he used bad language; rather, his use of such words was cited as one reason among several why he lost his job. This means that if you swear at work and you lose your job for doing so, it may feel unjust because the court did not hold this to be the most important reason for your termination. However, courts are allowed to judge whether or not you get fired based on many factors. For example, if swearing at work is against your employer’s code-of-conduct policy or personnel handbook, then even though there would be no legal recourse, it could have led to your termination.
When should an employee use profanity at work?
According to some signs placed in cubicles around the U.S., any time is a good time for employees to swear at work. This is because, unlike other states where using vulgar language on the job can lead to potential criminal charges, California does not have specific laws against rude language in the workplace that being said, while you are welcome to swear while on the job in California, there can be legal consequences if such language results in your termination. If this is part of company policy or included in your contract, then using vulgar words at work could lead to a similar fate depending on why you were fired.
Conclusion by William D King:
Even though swearing at work is legal in California, there are certain risks associated with using such language. If you have been fired for using profanity and wish to dispute your termination, it would be wise to speak with an employment attorney as soon as possible.