Can Employers Legally Listen in on Employee Cell Phones

[artifactsofmars]

My question involves labor and employment law for the state of: New York

My employer, a national drug store chain, apparently has been listening in on my cell phone and even turning it on remotely in one instance (and I caught them in the act). Any time I am in the store I have to leave it off and I check it periodically because I have had two bosses come up to me and repeat stuff that I know they did not get from hearsay. I also can tell if I leave it on that it has been transmitting because the battery goes low. For the same amount of time the battery does not go low. Also one day I was standing in the john doing my thing and I heard the sounds that you hear when you press buttons but I was standing still.
Is it legal for them to do this? I have heard about people posting on blogs and getting fired for it but this takes the prize!

[jk]

I think you are a bit paranoid. The government might (and then I have not had real proof) have the ability to listen in on a cellphone conversation and even turn it on, I seriously doubt your employer has. Most phones transmit nearly constantly as they update their location as well as many applications within the phone updating. If you are in an area of a weak signal, those behind the scenes communications would use much more of the batteries reserve due to having to use more power to contact the tower antennae.

I think you need to look in the next aisle over for somebody listening more than worrying about your phone being used as a listening device.

[aardvarc]

Unless you're using a phone the employer gave you, I agree with JK. While technically possible, it's not realistic or probable that anyone short of the feds would ever bother.

On the other hand, I can think of 6 different phones, 5 of which allow remote control for both calling and recording, that would function as you've described. They are actually not infrequent in stalking cases between ex's or in drawn out domestic violence cases. Abusers use such phones for both the GPS tracking abilities as well as to listen in on calls of their targets (had one in FL a few years ago where a woman was headed to her mother's house out of town, and the ex, hearing the call that was transmitted to his computer from her phone without her knowledge, was sitting in mom's driveway with a gun when she pulled in). But unless someone spent some dough and put the phone in your possession (ie planted it), then a more realistic answer is that some of the people you talk to have loose lips.

[jk]

but to the question at hand that I hadn't answered: yes, if they did do this, it would be illegal.

aardvarc, can you accept a PM? It would appear your capacity for storage has been exceeded.

[aardvarc]

Sorry bout that. I cleaned it out =)