If my employer has a new policy and is putting tracking devices on personal smart phones but a do not have a smart phone, will I able to collect unemployment I get fired for that reason?

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If my employer has a new policy and is putting tracking devices on personal smart phones but a do not have a smart phone, will I able to collect unemployment I get fired for that reason?

I have an Obama phone free of cost to me. I’ve been working there for 2 years. I do not believe that I should have to get into a monthly bill when I don’t pay phone now with my current phone situation.

Asked on May 23, 2017 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar

Answered 3 years ago | Contributor

No, you will not be eligible for unemployment if you are fired for this reason. An employer may set terms or conditions for employment, such as tracking/GPS on phones; if you refuse, then you would be violating company policy, which is grounds for termination "for cause" (no unemployment). You may need to decide if the monthly charge is worth more to you than your job.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you will not be eligible for unemployment if you are fired for this reason. An employer may set terms or conditions for employment, such as tracking/GPS on phones; if you refuse, then you would be violating company policy, which is grounds for termination "for cause" (no unemployment). You may need to decide if the monthly charge is worth more to you than your job.


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