Author Topic: Any lawyers here? (Read 1002 times)

Dingbat · « **on:** March 07, 2004, 08:09:10 AM »

Is this legal? Is it legal to take a business tool from someone and then fire them because they can't perform their duties?

Doesn't affect me because I don't use it for personal business, but it's a continuing trend with the company I work for... They seem to want to squash any employee loyalty. I'm all for people paying for their personal calls.

Attached please find the new Cell Phone Abuse Policy. For those of you that have a cell phone, please be aware of the following:

1. When you received your phone, you signed a form that stated that is was for business use only.
2. There are no free minutes.
3. There are no free incoming calls.
4. Any rumors you hear about the phone policy are rumors if you don't hear it from management.

The new policy addresses the chronic abuse we have had. On the first offense, you will receive a verbal warning (on a (Company Name withheld) Warning Form). The second offense will produce a written warning and you will have to pay HQ back for the overage. On the third offense, I will take your phone. If you cannot perform your job without your phone, you will be discharged. You will have to pay (Company Name withheld) for the overage.

ra · « **Reply #1 on:** March 07, 2004, 08:39:52 AM »

Sounds reasonable to me.

aknimitz · « **Reply #2 on:** March 07, 2004, 09:18:41 AM »

Sounds reasonable to me ... what is your concern with the policy?

_Schadenfreude_ · « **Reply #3 on:** March 07, 2004, 09:19:24 AM »

lol I'm betting that A) You don't have a legal or HR dept or B) If you do they haven't seen this yet.

Dingbat · « **Reply #4 on:** March 07, 2004, 09:38:37 AM »

for the record, I am a government contractor.

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_Schadenfreude_ lol I'm betting that A) You don't have a legal or HR dept or B) If you do they haven't seen this yet.

I don't understand what you mean?

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aknimitz Sounds reasonable to me ... what is your concern with the policy?

My concern is the legality of this policy. I've had numerous problems with this company and with the job situation as it is leaving is not an option at the moment although I'm entertaining new positions. Let me start with my own personal experiences:

They took 4 weeks (effectively 6 due to pay period scheme) to resolve a pay issue with me that they even admitted was thier fault, while they devolped a new policy.

I had to threaten ADA lawsuit after 3 months of me requesting a device that allows me to use a Cell Phone (required for my position) with my hearing aides.

Attempted to require us to sign a privacy policy that allowed them to view any personal information (including health records) they so desired under the guise of research.

My government boss will Publicly (through email) Humiliates people when mistakes are made.

lasersailor184 · « **Reply #5 on:** March 07, 2004, 09:43:03 AM »

Just to get this straight, but the Company provided you the cellphone?

_Schadenfreude_ · « **Reply #6 on:** March 07, 2004, 09:54:13 AM »

Not sure about the employment laws in USA but in Europe and Uk specifically you have to have better reason than you outlined to fire someone.

Also it would be pretty easy to lock certain calls from a phone so they can't make anything but local for eg and then have a contract that allows a high number of minutes at a low cost to the company.

The other way is for the employee to provide the phone and the contract and the company pays any work related calls on a monthly basis.

I have a company phone which I only use when I'm travelling overseas - rest of the time I use my personal phone - never use 600 minutes a month that I get on my contract anyway.

Point being Labour Law can blow up in yr face and you could face litigation for wrongful dismissal in court. It may sound ok - but better to check and be sure.

Dingbat · « **Reply #7 on:** March 07, 2004, 09:54:33 AM »

Yes the company did indeed provide the cell phone.

_Schadenfreude_ · « **Reply #8 on:** March 07, 2004, 09:56:12 AM »

Sorry didn't read yr last post - as the agrieved party I'd tell them to go ***** themselves - don't sign anything and if they pressure you say "I'd like my lawyer to see it first" preferably in front of the HR Director.

Dingbat · « **Reply #9 on:** March 07, 2004, 09:56:53 AM »

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Originally posted by _Schadenfreude_
Not sure about the employment laws in USA but in Europe and Uk specifically you have to have better reason than you outlined to fire someone.

Also it would be pretty easy to lock certain calls from a phone so they can't make anything but local for eg and then have a contract that allows a high number of minutes at a low cost to the company.

The other way is for the employee to provide the phone and the contract and the company pays any work related calls on a monthly basis.

I have a company phone which I only use when I'm travelling overseas - rest of the time I use my personal phone - never use 600 minutes a month that I get on my contract anyway.

Point being Labour Law can blow up in yr face and you could face litigation for wrongful dismissal in court. It may sound ok - but better to check and be sure.

Well my intent and purpose is that if this is illegal and intend on bringing charges against this company. This was the straw that broke the camel's back so to speak...

lasersailor184 · « **Reply #10 on:** March 07, 2004, 10:00:02 AM »

So you got fired for using your cellphone for personal calls?

Dingbat · « **Reply #11 on:** March 07, 2004, 10:03:30 AM »

No, I haven't gotten fired... Nor have I even accused. I'm just curious as to the legality.

Horn · « **Reply #12 on:** March 07, 2004, 10:04:35 AM »

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Originally posted by Dingbat

My government boss will Publicly (through email) Humiliates people when mistakes are made.

Anonymously forward the mails to the KO administering the contract. They are generally outside your customer's chain of responsibilty--if mistakes were truly made, the KO's office most always will look into it--they usually require the accuser to make a full report of the infraction to the KO.

Sounds like you have a customer on a power trip. It happens.

h

oh and btw, the thing w/ the cell phone is perfectly legit. I've had one before (contract only phone) and we painted them red so that we would not confuse them w/ our personal cells.

majic · « **Reply #13 on:** March 07, 2004, 10:05:05 AM »

I imagine state laws can vary, but the cell phone thing sounds legal.

The pay problem and the ADA thing left the company open to action at that time, maybe.

"My government boss will Publicly (through email) Humiliates people when mistakes are made."-- this may be construed as a hostile work environment which may leave them open to legal action. (At least it is something that HR depts cringe about.)

Just to clarify, I'm not a lawyer, but I have had to deal with HR quite a bit.

lasersailor184 · « **Reply #14 on:** March 07, 2004, 10:05:43 AM »

Have they told you that you aren't allowed to use the cell phone for personal use? Have you signed a contract saying you will only use it for business?