Can an employer legally say you cannot use your cell phone on a break that you clocked out for?
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Can an employer legally say you cannot use your cell phone on a break that you clocked out for?
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I work in a hometown restaurant where many people have pushed the employers buttons causing a strict, no cell phones allowed in the building policy. However, this also applies to when we are on break whether we are inside the building or not. They say that there will be one warning given and then following that your phone will be taken away. On your third offence they say they will take it for a week. Is this legal?
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hr4me
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They have the right to have a "no cell phone use" policy on the worksite. You should go outside to your car if you want to use the phone, that way you are away from customer view and on your own time and car. |
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leysarob
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They cannot take away personal property -- that would be stealing. However, you can be fired for not following policy. Just don't use the cell phone!!! |
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Barry auh2o
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Unless you are specifically covered by a labor contract, you can be terminated, at any time, for any reason, or for no reason at all.
They cannot take away your phone, but they could legally termiate you for using it. Quit while you are ahead. |
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CJ
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Yes they can say that. Anytime you are in the public eye in uniform, they have the right to tell you the behavior that is required. However, they can't take your phone away. It would be theft. Just like you can't take their silverware away. You can definitely get docked time off for behavior violations. My suggestion: Unionize. |
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Almond
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They cannot take your phone, but, they can enforce company policy for you not to use your cell phone while on break. That policy was put in place because using a cell phone in their establishment is disruptive to their business. |
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Jessie
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They cannot take your phone away but they can have a policy about no cell phone calls while on their property. When you are on a break, you are being paid so you are still on company time. |
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dcnewco
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They can say that you can't have a cell phone on their property.
They'd have a hard time trying to tell me I couldn't do something on my break, when I clocked out. That's just me though. I'd have to tell them what they could do with their warnings. No employer of mine is going to treat me like a child and say they are going to take my cell phone away for a week, especially if they are not paying for it.
I am guessing that I wouldn't work for that employer very long...HAHA |
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Mimi
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No, your not on the clock and your not getting paid for taking a personal call on your personal time. You need to get out of this company, they can not take personal property from you. |
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Cable.geek
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actualy they cant its up to you what you do on your time if your clocked out and outside then ya you can use your phone 9 times out of 10 the employer uses there phone as well on ther own time and the cant fire you for using your phone on your own time you can turn around and sue |
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SEXY2311
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ON OUR PHONE AND NOT AT WORK YET. WORK IN A DEPARTMENT STORE, AND WALKING THROUGH THE STORE WHEN OUR SHIFT HASN'T STARTED, (OR WE ARE DONE FOR THE DAY) CAN THEY TELL US THAT IS NOT ALLOWED? WE'RE EVEN IN A PUBLIC PLACE AND NOT ON COMPANY TIME. |
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