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Cell Phone Records
My question involves labor and employment law for the state of: New Jersey
Can an employer use a supeona to retrieve personal cell phone records, not employer owned phones, to bring non criminal charges against an individual and subsequently terminate them. This investigation was never a criminal one and involved only alleged violations of policy and procedure.
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Re: Cell Phone Records
Absent a CBA to the contrary, an employer does not need evidence (or reason or justification) to terminate any employee at any time.
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Re: Cell Phone Records
Actually there is a Union and contract involved but my concern is this obviously wasn't addressed as a forseeable situation. It is being processed as a test case. It is a state agency involved which has several levels of appeal available. I actually contacted the cell phone service provider and was suprised to find that they will supply records to virtually anyone who asks. In talking to the investigator, he said he got lucky there as several providers will not do so.