Can an employer ask to see phone records in order to check if employee actually called out sick and didnt no show?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can an employer ask to see phone records in order to check if employee actually called out sick and didnt no show?

My friend and I share a cell phone account. She called out sick and left a message on voicemail at

her employer. This is common because the store is closed during the night. They are accusing her of no call/no show. They suspended her for 2 days. She went to the union and showed both employer and union rep the screenshot from her phone showing the call date/time and duration. Employer said she could have photoshopped it. They want to see the entire bill. That bill contains all of my information, all of our phone calls/numbers, etc., as well as my father’s phone who is also on the account. The rep and arbitrator want this. Is this legal? I don’t want my information out there. She deserves her pay she is trying to get the 2 days pay back. I offered to give her calls only with all the other calls blacked out. However, they say they want the whole bill.

Asked on March 10, 2018 under Employment Labor Law, Delaware


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is legal for them to request it. They cannot force you or her to share it--you can, of course, refuse, and she could refuse and face the potential consequences (e.g. being disciplined or terminated). However, if she chooses to not face those conseqeunces and decides to show them the bill, that would be perfectly legal: any person may voluntarily show any other person any of her bills, and the fact that you are on the account, too, is irrelevant, since that  it is a joint account does not stop one account holder from sharing the documentation or information. This is one of many reasons why you do not want to share a cell phone account with a friend.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption