can my employer ban me from having a cell phone on my person?
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can my employer ban me from having a cell phone on my person?
i am required to drive for my company in the company truck. they have
a ban on any cellphones in the vehicle. i drive in a rural area and i
am afraid that if i get into an accident i will not able to call for
help and may be stranded/injured for a very long time with no way to
get help.
Asked on February 24, 2017 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, your employer can ban you from carrying a cell phone during working hours, regardless of your safety concerns. This is because most employment relationships are "at will", meaning that a company can set the conditions of work much as it sees fit (absent some form of legally actionable discrimination). Accordingly, unless this policy violates the terms of an employment contract or collective bargaining agreement, it is legal. For you part, you can either comply with the policy, ignore it but risk termination, or quit.
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