Can my boss take my phone?

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Can my boss take my phone?

New policy at work turn in your phone at
the beginning of your shift. We get them
back during break and at the end of shift.
They can be off and stayed locked up.
Generally I understand why this has
become a rule, personally I feel violated
by this as I am literally never on my
phone.

Asked on August 13, 2016 under Employment Labor Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Most employment is "at will". This means that a company can set the conditions of employment much as it sees fit. This includes confiscating a worker's cell phone during their shift. This is true so long as such action does not violate the terms of an employment contract or union/collective bargaining agreement. Also, it must not constitute any form of legally actionable discrimination or retaliation. For your part, if you disagree with this policy you can complain and risk termination, or quit.


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 AttorneyPages.com 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.

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