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Experts Comment on the Episode and Point Out When the Practice May Be Considered Abusive or Lead to Compensation.
The story of an employee fired via text message at 10 PM on a Saturday; experts discuss how the case once again exposed the conflicts between professional and personal life in the corporate environment.
The American real estate agent Kristin McCarley discovered she had lost her job when she received a message from her boss on her cell phone, late at night and outside of business hours.
The episode, which took place in the United States, gained traction after she reported the situation on TikTok, explaining what happened, who was involved, when she received the message, where she worked, how she was notified, and why her story went viral.
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The video surpassed 1.7 million views and sparked discussions about respect, transparency, and healthy boundaries between company and employee.
Thus, the case led users and experts to question whether similar practices would be accepted in Brazil and what the rights of a digitally fired worker are.
Message Sent in the Early Hours Raises Controversy
According to McCarley, the message arrived directly and without any prior preparation.
“Don’t come in on Monday. I’ve made changes in the office. I have to let you go,” wrote the boss at 10:36 PM on a Saturday.
Hours later, already in the early hours of Sunday, another message was sent this time with a screenshot of a photo of the agent alongside a friend.
For McCarley, this second contact made the situation even more uncomfortable and inexplicable.
In the comments on TikTok, many suggested she seek the HR department, while others recommended legal assistance. Reactions varied between indignation and perplexity:
“Time to sue,” wrote one user.
“This is incredibly unprofessional,” commented another.
“I thought they were giving you a break,” joked someone else.
Employee Fired by Text Message at 10 PM on a Saturday; Experts Discuss Legality in Brazil
In Brazil, labor lawyers explain that a dismissal via message would not be considered illegal.
According to Paulo Valed Perry Filho from the Eichenberg, Lobato, Abreu & Associated Attorneys office, “The CLT does not specify a particular format for notifying the worker of their dismissal.”
What it requires is that the company follows the formal procedures for termination.
Although the practice is legally valid, experts emphasize that it can be avoided to prevent misunderstandings and weariness.
Moreover, Perry Filho adds, “It is not advisable, especially in structured companies, as it can lead to interpretations of disrespect, apparent corporate disorganization, communication failures, and even the risk of litigation.”
The Content of the Message May Lead to Compensation
The possibility of firing someone via WhatsApp or SMS does not mean that all types of messages are acceptable. Texts with mockery, humiliation, or aggression can lead to convictions for moral harassment.
Perry Filho emphasizes: “If the content of the message exposes the worker to humiliation, irony, embarrassment, or undignified treatment, it may characterize moral harassment, with the possibility of compensation.”
The Timing of the Dismissal Also Sparks Debate
Contrary to what many believe, there is no requirement in Brazilian legislation that dismissals occur only during business hours.
However, context matters.
Lawyer Paola Tosta from the Peluso, Guaritá, Borges, and Rezende Attorneys office explains:
How the Worker Can Proceed When Dismissed via Message
Experts recommend that the employee keep the message as evidence, especially to avoid problems during termination.
Lawyer Keila Freitas advises:
“Check if the number is indeed that of the employer and if there are indicative information in the message showing that it really pertains to them.”
Labor lawyer Danilo Schettini emphasizes important steps:
Keep the message as proof of termination.
Await formalization and the sending of documentation.
Perry Filho adds:
“If the employee has doubts, they should request clarification and, in case of signs of irregularity, it is advisable to seek legal guidance or that of the union.”
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