Results 1 to 9 of 9
  1. #1

    Default Employee Handbook Policy

    Florida here. My current employer issued a document from our handbook about cell phone usage. We are not permitted under any circumstances to use our personal cell phones. It has been a policy since I can remember but never enforced. Management then issued certain employees groups will need to follow it. Out of 300 employees 6 will be required to follow it and disciplined if they do not. So question 1 is that legal. Second question is we were informed this includes calls from Drs offices whom need to get ahold of you ( with test results, check ins( mental health) that is not their problem and you will be written up answering these calls, is this legal?

  2. #2
    Join Date
    May 2014
    Posts
    208

    Default Re: Employee Handbook Policy

    Anything that is not illegal is legal. There is no law that states employers can't enforce rules of discipline in their businesses. There is no law about making rules for some employees but others are exempt. For instance some employees have to punch a time clock, some do not. Some employees have to travel for work, some do not.

    The excuse about receiving calls from doctor's is not relevant. Make one exception and you have to accept all excuses. My doctor called, my kid's teacher called, my spouse called, my bookie called, etc. All are important to someone. I am sure that your employer has some form to call in and get a hold of you in case of emergency.

    One option is to form a union and get it written into the labor contract. UPS drivers many years ago were successful in getting it written into their contract that the tractor trailers had to have an easy plug to hook a radio up. The driver brought their radios to work and plugged them into the trucks.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,734

    Default Re: Employee Handbook Policy

    Itís funny how our society has changed. When I was younger all we had was a landline at home and for much of the time, didnít even have an answering machine. Now everybody believes they have a right to not only have their phones with them but to use them whenever they choose.


    Yes, an employer can forbid you from even having your cellphone with you at work. Strangely enough, where I work, even carrying your cellphone can cause problems with some highly sensitive electronic equipment so I canít even have mine in my pocket. Other employees not working in these areas with sensitive electronic equipment can carry their phones.

    Using your phone while being paid can can be restricted. You are being paid for your time. If you are on your phone, you arenít doing your job.

    Unless the disparity in the rule is based on a legally protected class (race, religion, etc), there is nothing illegal about the policy as you have described it.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,107

    Default Re: Employee Handbook Policy

    Out of 300 employees 6 will be required to follow it and disciplined if they do not. So question 1 is that legal. Yes. There is nothing in the law that requires all employees to be treated identically. As long as not the reason the 6 are having the policy enforced is not their race, religion, national origin or other characteristic protected by law, there is nothing illegal about this policy.

    Second question is we were informed this includes calls from Drs offices whom need to get ahold of you ( with test results, check ins( mental health) that is not their problem and you will be written up answering these calls, is this legal? Yes. This is absolutely legal.

  5. #5

    Default Re: Employee Handbook Policy

    So in lies my question. Per our corporate handbook it states specific "no employees shall use his/her personal cellphone while on the clock" but the manager went and told the department in question you 3 are prohibited from any use, you 3 are allowed to use personal cellphones for work purposes so we will not be monitoring you you two will have no usage at all and need to leave your cellphones in your car. If the employer is enforcing a handbook that clearly states all employees must obide by at all times or be subject to disciplinary actions to enforce it uniform. If an employee that is working in the same office as me is able to use the cell phone freely and I pick up a Drs call and get fired for it. That's legal? I personally don't mind the not allowed to use the phone policy but as our company has no direct line access and a Dr phoning you for results or check ins are not considered emergencies that they are not permitted to just call in which is my only complaint.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,107

    Default Re: Employee Handbook Policy

    Yes. With the qualification listed above, if an employee in the same office as you is able to use the cell phone and you pick up a doctor's call and get fired for it, that's legal.

  7. #7
    Join Date
    Aug 2013
    Posts
    284

    Default Re: Employee Handbook Policy

    A lot of people think that the employer's handbook has the force of law, including on the employer. This is mostly not true. If there is an actual state/federal law which explicitly says to look at the employer's handbook, then we maybe have an indirect legal requirement created by the handbook. CA vacation law is a good example. But there is no general rule that The Handbook equals The Law,

    Past that, assume that there was no handbook. The employer's verbal policy would still be legal because there is no actual law saying it is illegal. Formal written policies are generally required for many benefit plans, and strongly recommended for compensation policies. But that is a very long way from saying that an employer's cell phone policy carries legal force.

    The key here is that under Employment At Will, all terminations are legal unless a very specific law says that they are not.

  8. #8
    Join Date
    Mar 2013
    Posts
    17,224

    Default Re: Employee Handbook Policy

    Quote Quoting Noonenew1331
    View Post
    I personally don't mind the not allowed to use the phone policy but as our company has no direct line access and a Dr phoning you for results or check ins are not considered emergencies that they are not permitted to just call in which is my only complaint.
    Authorize your doctors to leave you voice mail, switch your phone to silent, check your messages after work (or on breaks if allowed).

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,107

    Default Re: Employee Handbook Policy

    If it's not an emergency, it can wait until you're on break or lunch or your shift is over. As jk points out, it's not that long ago that we didn't even HAVE cell phones, let alone in our pocket for instant communication. There's no legal right to immediate notices, even from your doctor.

    1. Sponsored Links
       

Similar Threads

  1. Job Duties: Can an Employee Demand to See the Employer's Insurance Policy
    By Bnelson228 in forum Employment and Labor
    Replies: 35
    Last Post: 02-17-2014, 06:16 AM
  2. Disciplinary Issues: Employee Rights Regarding a Dispute Resolution Policy (DRP)
    By Cbar in forum Employment and Labor
    Replies: 2
    Last Post: 01-21-2010, 07:48 AM
  3. Disciplinary Issues: Is an Employee Handbook a Contract
    By SNPJR in forum Employment and Labor
    Replies: 3
    Last Post: 12-22-2009, 10:44 AM
  4. Collective Bargaining: Union Contract vs Company Policy Handbook
    By MUSTANGMAN in forum Employment and Labor
    Replies: 2
    Last Post: 03-29-2009, 10:40 PM
 
 
Sponsored Links

Legal Help, Information and Resources