I am a computer programmer for a county in Texas.
One Saturday night, while at home, I had an idea about a deployment problem and I texted my Boss several times also about issues and attitudes about someone at work that I felt had been very arrogant with me. I was at home, using my own phone and texting his private phone. On the following Monday he wrote me up for texting him after 10:00 pm, saying it seemed ‘out of character’. I asked him in the interview with a witness (not from HR but serving as such) if he was offended by what I had said. He said no, he was not. He was ‘concerned’.
Question: Can I be written up with a Company warning for my private communication outside of the workplace. Does he have the right to give my private communication to HR? Should he have just communicated his displeasure with me in private?