Is is legal if my employer has a no cell phone policy except during lunch breaks and has threatened to comphiscate any cell phones seen in hand or on desks?

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Is is legal if my employer has a no cell phone policy except during lunch breaks and has threatened to comphiscate any cell phones seen in hand or on desks?

Asked on November 21, 2011 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, this is legal:

1) An employer may set workplace policies, including that there be no use of cellphones.

2) Furtheremore, the employer may--as long as it provides prior notice--make it a term or condition of employment that any cell phones seen in hand or on desks will be confiscated; if you continue to work there after receiving such notice, you would be deemed to have accepted that condition of employment. (Without prior notice, it could not confiscate.)

3) You  may be fired for violating workplace policies, including this one.

There is no law reuiring employers to let employees communicate, or have the means to communicate, during work. If you do not agree with this policy, your recourse would be to seek different employment.


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