Can you be fired for not having a phone?

It’s not written on any contract I signed and I can’t afford one but I’m being told that not having a phone is against policy and grounds for termination. This employer doesn’t reimburse for any of it’s policy requirements and I can’t afford a phone. Is it legal to get fired for this?

Asked on July 21, 2012 under Employment Labor Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I presume your question pertains to a cellular phone. If your presumed employee employer handbook does set forth the requirement for a cell phone and neither does the written terms of your employment, then your employer cannot require you to have such a device.

If your employer requires you to have one, then it should pay for it. From what you have written, it is possible that you could be terminated for not having a cellular phone if your job requires it. However, if your job requires one, then your employer should pay for it.

Perhaps you can get in some family plan with some friend who has a cellular phone where you get a free phone and have an agreement that you will not use it much and solely for work where you pay $20.00 per month on the bill as a solution to your situation?


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