Can a employer take out money from every employee’s checks for a company phone that used extra data.

I work for a security company that covers 6 buildings. We have a site cell phone for work use only but recently I found out that my employees have been using this phone to listen to music and watch videos which has ran over the data. Now the company is trying to take the money out of all of the employees checks at the site. Can they do this?

Asked on May 18, 2016 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, the company may not take money from employee paychecks without employee consent to do so--taking money without consent is illegal. What the employer can do is--
1) Discipline employees who have misused the data plan in any way up and including termination (which means they could also suspend, demote, reduce salary or wages, change shifts, etc.).
2) If any employee cost the employer a lot of money, they could sue the employee for it.


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