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  1. #1
    Expert Forum User The Ultimate London Mom!
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    Default cell phone or no cell phone??....

    can an employer force you get a cell phone if you do not currently have one, in which to contact you while you are on the road in their vehicles.. even if it means helping a fellow co-worker because the boss is a jerk and didn't prepare the other vehicle properly.. so basically lays the blame on you that HE had to 'come to their rescue' as you were unreachable... can he fire you if you refuse?

  2. #2
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    does said employer provide a headset?

    illegal to hold a phone and drive.
    Stop thinking you’re not ready. – Nobody ever feels 100% ready when an opportunity arises. Because most great opportunities in life force us to grow beyond our comfort zones, which means we won’t feel totally comfortable at first.

    ~ Breastfed for 7 months, 2 weeks and 3 days ~

  3. #3
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    nope, employee would need to provide everything.. the employee is also considering informing the boss that IF this does occur they will be responsible for all cards purchased as there will be NO contracts or monthly bills.. and the ONLY person using the phone for contacting is the boss.. making sense? hope so

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    if said boss wants said employee to have said cell phone, said boss would need to supply and pay for it.

    Also, said boss should be aware that it's illegal to hold/chat on a cellphone while driving, and should provide said employee with a headset/bluetooth.

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    I don't think any employer could force you unless they paid for it themselves and then wanted you to carry it!

    Buy a second hand one, set it up as pay as you go and tell the boss to buy you a card and reimburse the cost of the phone and you'd be happy to carry one for emergencies!
    Leslie




  6. #6
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    DH has a cell phone for work but it is company paid and he told them that if this ever changes they can have the cell phone back. They pay everything, DH never receives a bill.

    I would hope an employer that requests you to use a cell phone for work purposes would understand that the employer would have to pay for it.

    My brother also is required to have a cell phone for work, he receives the bill because he wanted a better plan than work was providing so they agreed to pay a certain amlount and my brother pays the difference.

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    Quote Originally Posted by Leigh View Post
    if said boss wants said employee to have said cell phone, said boss would need to supply and pay for it.

    Also, said boss should be aware that it's illegal to hold/chat on a cellphone while driving, and should provide said employee with a headset/bluetooth.
    yup yup

    as one of the last people holding out not having a call, I'd argue for not having one.

    that said, i think the employee you're talking about is in a car all hours of their job, could be kind of difficult to reach him if needed? i sit by a phone all day, so i'm always reachable...might be different if i was in a car.

    but, employer should pay for it all. could employee pick up phone at beginning of shift, and return it at the end?
    Stop thinking you’re not ready. – Nobody ever feels 100% ready when an opportunity arises. Because most great opportunities in life force us to grow beyond our comfort zones, which means we won’t feel totally comfortable at first.

    ~ Breastfed for 7 months, 2 weeks and 3 days ~

  8. #8
    Expert Forum User The Ultimate London Mom!
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    ooh ladies... keep the points coming. i like so far... *rubbing hands together*

  9. #9
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    Yeah if the employer wants it, the employer pays for it. All of it. My dad has a cell phone through his work and the bill goes directly to the company. Sometimes they'll even look at call history and wonder why my dad was calling London (heh heh).

  10. #10
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    Where I work, we have 3 agency vehicles that each have a cell phone provided by and paid for by the agency. When you sign out the vehicle, the phone comes with the keys. The expectation is that the phone will be on when you are out in the vehicle so the agency can contact you if needed. Also, allows for emergency calls to be made, if needed.

    I wonder what will happen when the new law takes effect...will we get headsets? Hmmm...





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  11. #11
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    As an employment lawyer, I'll throw in my two cents. An employer is always free to terminate the employment relationship for any reason as long as the employer provides sufficient notice of the termination. What is sufficient will depend on the facts of the particular case (the terms of any written contract, the employee's age, length of service, nature of employment etc.) So in answer to your question whether the employer can dismiss the employee for the refusal: yes, with notice. If sufficient notice is not given, the employee will have a claim for wrongful dismissal and if successful will be awarded damages in the amount of the notice that was owed.

    The employer cannot lawfully force the employee to purchase a cell phone. The employer who dismisses an employee for such a refusal is open to a claim of wrongful dismissal (if no notice was given) and is therefore open to liability for damages equal to the amount of notice owed.

    This is all that the law tells us. As for whether the employer should pay or whether the employee should pay, there is no law directly on point. The only point at which the law becomes relevant is if the employer pushes the issue to the point of termination of the relationship. I should note that the relationship could be considered terminated (constructively terminated we might say) if the employer unilaterally imposed the cost of the cell phone on the worker (say by withholding the cost from the employee's pay). In such a case, even though the employer has not expressly dismissed the employee, the employee may nonetheless claim wrongful (constructive) dismissal owing to the unilateral, fundamental change to the employee's working conditions.

  12. #12
    Expert Forum User The Ultimate London Mom!
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    just thought i'd give a little update-- said employer has agreed to provide said employee with a phone! yippeeee

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