Cell Phone Payment

UPDATED: Sep 30, 2022

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Cell Phone Payment

I work in digital marketing and must use my cell phone for work. My company will pay a small portion of my cell phone bill and reimburse me for internet on my cell phone. The problem is I need to take video and photos for my position and post on social media. My phone is a few years old and the quality is poor. I need to upgrade which will cost my around $200 but my company doesn’t want to reimburse me. I have to borrow other phones to do my job and would not care to upgrade if it wasn’t for the new videos and photos I need to take for work. Is

this legal?

Asked on June 29, 2016 under Employment Labor Law, Kansas


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

Answered 6 years ago | Contributor

No, your employer is not legally obligated to provide you with an upgraded cell phone, or reimburse you for the cost of one, even if you need it to perform your job duties. You can, however, take the cost (or a portion thereof) off of your taxes, as a business expense (the same as if you were not provided a mileage reimbursement). The fact is that in an "at will" employment setting, a company can set the conditions of work much as it sees fit. That is unless, such action violates the terms of a union/collective bargaining agreement or employment contract. Also, your treatment must not be the result of some form of legally actionable discrimination.

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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