Are employers allowed to take my cell phone when I walk into work?

Bankruptcy and Debt 2 views 3 answers
Out of all of the employees, I am the only one that gets asked to "hand over" the phone. Is this also a form of discrimination?

Attorney Answers

3
Pamela Pitt ·
The answer depends on why they have singled you out to hand over your phone. Have there been complaints of you being on the phone too much? Do other people have different duties than you that require the use of a phone? Even if it discrimination, it is not actionable discrimination unless you are a member of a protected class: race, national origin, gender, sexual orientation, disability, etc. If all the other people who are allowed to keep their phones are of a different race than you, then you should call an attorney in your area. Pam Pitt
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L. Maxwell TaylorLitigation LawyerMiddlebury, VT ·
I know of no general reason why an employer could not single out an employee, other than for reasons of unlawful discrimination, and condition entry to the workplace upon surrender of Employee's cell phone. Employers are not required to treat employees equally, only to avoid unlawful discrimination in employment. Not legal advice, just my two cents. I practice law in Vermont ONLY.
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Marilynnmika Spencer ·
Responding to your comment to Mr. Taylor: I am afraid you misunderstand the law. Taking away your phone while you are at work is not intercepting an electronic communication. The phone device is the instrument through which communications pass, but it is not an actual communication itself. And you are not deprived of your property in the way the conversion statute prohibits. There is no permanence to the deprivation. You can avoid any employer involvement by leaving your phone at home or in the car. If you don't want to give up your phone while at work, you don't have to. And the employer does not have to keep you employed. There is no legal claim unless you are being treated differently and adversely because of your race, sex, age (40 and over), disability, national origin, religion, etc., or because you blew the whistle on the employer with respect to a matter of public concern, or other similar protected status. Employees and job applicants have very few employment rights, and employers have a lot of leeway in how they choose to run their businesses. In general, an employer can be unfair, obnoxious or bad at management. And an employer can make decisions based on faulty or inaccurate information. An employer has no obligation to warn an employee that he or she is not performing as the employer wants. It’s not a level playing field. An employer hires employees to provide work for its benefit, not for the benefit of the employees. Don't expect the employer to take care of its employees; it doesn’t have to and it rarely does. There are some limitations on what an employer can do, mostly in the areas of public policy (such as discrimination law or whistle blowing), contract law, union-employer labor relations, and constitutional due process for government employees. Please see my guide to at-will employment in California which should help you understand employment rights: http://www.attorneyqna.com/legal-guides/ugc/an-overview-of-at-will-employment-all-states. After you take a look at the guide, you may be able to identify actions or behavior that fits one of the categories that allows for legal action. If so, an experienced plaintiffs employment attorney may be helpful. My guess is something preceded your employer's action. Maybe you were seen using the phone when you should have been working, or taking photos with the phone of work property or processes. Those acts alone are enough to justify taking away your phone while at work. Many employees who work in certain industries must relinquish their phones, all metal objects, jewelry, etc. just to work. By itself, there is nothing illegal.
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