What are my rights if my employer is asking for my personal cell records in order to see if I called clients for personal training?
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What are my rights if my employer is asking for my personal cell records in order to see if I called clients for personal training?
He is threatening me with embezzlement and criminal fraud over no-show clients, in which I believe I should still be paid for my time.
Asked on December 6, 2015 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
1) Unless and until you are involved in a lawsuit to which the records are relevant, you do not have to provide them.
2) However, if your employer believes you did something improper or illegal, he may fire you "for cause". If he thinks yiu committef a crime, he can file a police report.
3) If you believe that under the terms and conditions of your employmwbt (even unwritten, but understood and previously followed ones) you should be paid for no shows but your employer will not pay, you could sue for the money. To win, you would have to prove that under these circumstances, you should be paid.
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