Can an employer legally take your cell phone from you if they ask you not to bring it to work

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Can an employer legally take your cell phone from you if they ask you not to bring it to work

memo went out at work not to bring your cell phone to work

Asked on August 18, 2016 under Employment Labor Law, South Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, an employer can take away an emloyee's cell phone durng their work shift. The fact is that companies can set the terms of employment much as they see fit. That is unless such action results in some form of legally actionable discrimination (not apparent present here based on the limited facts given) or violates the terms of an employment contract or union/collective bargaining agreement (which you did not mention). If you find working without or cell phone unacceptable, you can complain and risk termination or quit.


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