Can a company legally make someone pay the cell phone bill for a company phone they are issued?
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Can a company legally make someone pay the cell phone bill for a company phone they are issued?
My wife works for a company that does not have a regular phone system. They have issued her a cell phone that is owned by the company. Her job requires her to use the phone to make calls on behalf of the company. She is an administrative assistant; she’s not involved in the sales process. They want her to pay the monthly bill for the phone (she has a personal cell that she can use to make personal calls). Since she is required to make calls on the company issued cell phone to benefit the company, can they make her pay for the privilege of using the phone they have issued to her?
Asked on January 29, 2015 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Yes, your employer can make you pay the bill for a comany owned cell phone. The fact is that unless there exists comany policy that states otherwise, or you have a union agreement or employment contract to the contrary, you are an "at will" employee. This means that your employer may impose workplace conditions as it sees fit. As an employee you can either pay the bill, quit, or refuse to pay the bill but be discharged as a result.
Note: If there is some form of actionable discrimination at play here then you may have grounds to object to paying such a bill, however you stated no facts to that effect.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Yes, they legally can make her do this, just like a company can require someone to pay for her own uniform or tools; to spend her own money on gasoline for business travel; to buy a computer that meets certain business requirements, so she can work at home; etc. It's simply a term or conditon of employment--in this case, to pay for cell calls--and a company may impose *any* terms or conditions on employment. Employees who do not like those terms or conditions may seek employment elsewhere.
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