Can an employer search my phone just to find out whose phone it is?
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Can an employer search my phone just to find out whose phone it is?
I left my phone inside of the break room. My boss found the
phone sitting on the table. We had.a meeting a hour later about work related things. He brought out my
phone and showed it to everyone asking whose phone it was. Then.someone yelled out to check the screen saver to see. He clicked the button and he said,
Asked on April 1, 2016 under Employment Labor Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Generally, an employer may not search your private phone, but they can do anything they want with a company supplied or paid for phone: a company phone may be used by an employee but it is the *company's* phone and they have rights to it.
If it was your private phone, then this was improper, but unless you suffer some actual loss or damage--other than wholly justifiable outrage--there is nothing legally to do. The law only provides remedies for "injuries," such as economic losses, defamation, etc.; there's effectively no compensation for someone one-time looking at your phone if nothing really came of that.
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