Can an employer require an employee to use their personal cell phone for business use?
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Can an employer require an employee to use their personal cell phone for business use?
Asked on February 9, 2016 under Employment Labor Law, Kentucky
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, this is legal. Just the same as if you had to use your car for business purposes. While it would be nice to have such use compenesated by your employer, it is not legally required to be. However, you can potentially write-off this business use as a deduction on your income tax return.
The fact is that in an "at will" employment relationship, a company can set the terms and conditions of employment much as it sees fit. This is true so long such terms/conditions do not violate company policy, the terms of a union agreemnt or employment contract. Additionally, an employee's treatment must not constitute legally actionable discrimination.
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