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  1. #11
    Join Date
    Oct 2006
    Posts
    15,673

    Default Re: Can My Employer Legally Take My Personal Property from My Desk

    Quote Quoting cbg
    View Post
    If the boss wants all cell phones on the property go "here", then all cell phones on the property go "here". He may legally require that you follow where he wants the phones kept; you may legally leave your cell phone locked in your car or at home rather than bring it in. I'm not going to place any bets on whether you get unemployment or not, but you'll probably be happier with a more reasonable employer.
    I do not disagree with you, but I think on the basis of unemployment compensation the fact that the employer simply took the phone from the employee's desk, with ID and credit and debit cards included in the case, raises issues that might not otherwise be raised.

  2. #12

    Default Re: Can My Employer Legally Take My Personal Property from My Desk

    The courts have made that quite clear, if you actually look at the cases in which that specific issue was raised rather than, as is typical for those making the sovereign citizen arguments, resorting to cases and laws that are not on point.

  3. #13
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,106

    Default Re: Can My Employer Legally Take My Personal Property from My Desk

    As I said, I'm not making any bets on unemployment either for or against.

  4. #14
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Can My Employer Legally Take My Personal Property from My Desk

    I never do that! But they'll know what they want to ask and hear and they'll decide. There's not any harm in filing and working it out.

  5. #15
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,106

    Default Re: Can My Employer Legally Take My Personal Property from My Desk

    As far as I'm concerned, there's never a downside to filing. My response was to llworking, who somehow always manages to sound as if she's disagreeing even when she says she's not.

  6. #16
    Join Date
    Nov 2013
    Posts
    6,465

    Default Re: Can My Employer Legally Take My Personal Property from My Desk

    The premise on which this post is based is just stupide. I would fire whomever came up with the idea that employees have to relinquish their phones during working hours.

    If they want to have a policy that you cannot use the cell phone during business hours that's fine. But to confiscate the phone is over the line.

    The employees use their phones to track their kids and get emergency messages of all types, etc.

    Some of you are so myopic.

  7. #17
    Join Date
    Oct 2006
    Posts
    15,673

    Default Re: Can My Employer Legally Take My Personal Property from My Desk

    Quote Quoting budwad
    View Post
    The premise on which this post is based is just stupide. I would fire whomever came up with the idea that employees have to relinquish their phones during working hours.

    If they want to have a policy that you cannot use the cell phone during business hours that's fine. But to confiscate the phone is over the line.

    The employees use their phones to track their kids and get emergency messages of all types, etc.

    Some of you are so myopic.
    I doubt if anybody disagrees with you that its a stupid policy...for all of the reasons that you mentioned. However, its not illegal for employers to have stupid policies. Its just stupid.

  8. #18
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,106

    Default Re: Can My Employer Legally Take My Personal Property from My Desk

    And I not only do not disagree, llworking, I agree 100%

  9. #19
    Join Date
    Jan 2006
    Posts
    38,734

    Default Re: Can My Employer Legally Take My Personal Property from My Desk

    Quote Quoting budwad
    View Post
    The premise on which this post is based is just stupide. I would fire whomever came up with the idea that employees have to relinquish their phones during working hours.

    If they want to have a policy that you cannot use the cell phone during business hours that's fine. But to confiscate the phone is over the line.

    The employees use their phones to track their kids and get emergency messages of all types, etc.

    Some of you are so myopic.
    There are many places of employment where cell phones are not allowed.

    There are a variety of valid reasons cellphones are not permitted on job sites.





    People are welcome to leave them in their cars or at home or find another employer if they want to have their phone with them while at work.

  10. #20
    Join Date
    Dec 2018
    Posts
    168

    Default Re: Can My Employer Legally Take My Personal Property from My Desk

    The problem is in the order in which this took place. He confiscated the phone and wallet THEN wrote a policy.

    He should have written the policy then confiscated the phone (if confiscation was part of the policy/agreement). However, he would still be in the wrong if the confiscated more than the phone.

    You should have made him fire you. Then unemployment might have been easier to collect.

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