Can an employer ask to see phone records in order to check if employee actually called out sick and didnt no show?

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Can an employer ask to see phone records in order to check if employee actually called out sick and didnt no show?

My friend and I share a cell phone account. She called out sick and left a message on voicemail at

her employer. This is common because the store is closed during the night. They are accusing her of no call/no show. They suspended her for 2 days. She went to the union and showed both employer and union rep the screenshot from her phone showing the call date/time and duration. Employer said she could have photoshopped it. They want to see the entire bill. That bill contains all of my information, all of our phone calls/numbers, etc., as well as my father’s phone who is also on the account. The rep and arbitrator want this. Is this legal? I don’t want my information out there. She deserves her pay she is trying to get the 2 days pay back. I offered to give her calls only with all the other calls blacked out. However, they say they want the whole bill.

Asked on March 10, 2018 under Employment Labor Law, Delaware

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is legal for them to request it. They cannot force you or her to share it--you can, of course, refuse, and she could refuse and face the potential consequences (e.g. being disciplined or terminated). However, if she chooses to not face those conseqeunces and decides to show them the bill, that would be perfectly legal: any person may voluntarily show any other person any of her bills, and the fact that you are on the account, too, is irrelevant, since that  it is a joint account does not stop one account holder from sharing the documentation or information. This is one of many reasons why you do not want to share a cell phone account with a friend.


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