Can employers request personal cell phone records, if an accident were to occur while driving a company owned vehicle?

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Can employers request personal cell phone records, if an accident were to occur while driving a company owned vehicle?

The purpose would be o see if the employee was talking on the phone when the accident occurred.

Asked on July 16, 2012 under Employment Labor Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 9 years ago | Contributor

It seems reasonable for the employer to request the records as a matter of practice.  There is probably something in your employment agreement requiring you to disclose such records.  In addition, if there has been a lawsuit against you or the company, the company or the plaintiff could subpeona such records, although they would be required to give you certain consumer disclosures as part of that process.

Best of luck.


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