Legal Question in Technology Law in California

Re: cell phone accounts

I agree with Mr. Whipple's analysis, but want to add that you should keep meticulous records of business calls and submit them for reimbursement.

Even if the employer doesn't actually reimburse you, you can probably then take a tax deduction for these work-related expenses. (Check with your accountant or tax preparer on this point).

Re: cell phone accounts

Legal? There's no law under which an employer could be put in jail, fined or have a license revoked for doing this, so I guess in one sense it's legal. On the other hand, there is no law under which the employee can be jailed or fined for refusing to use his or her personal cell phone for company business.

The closest any law comes to touching this subject is that the general law of contracts would apply. Employment is a contractual matter. Every employee has a contract with his or her employer. This may be a collective bargaining agreement if your workplace is unionized; it may be a private written agreement between the two of you; it may be oral; or in many cases it is a contract that arises out of the customary working practices and understandings, possibly including the contents of the employer's policy manual, that governs your day-to-day arrangements. This latter kind of contract is called a "contract implied in fact" because its terms would be inferred by a judge from your customs and practices.

The bottom line here is that if use of a personal cell phone is and always has been expected of the employee, and the employer traditionally has not reimbursed the employee, then that expectation or practice is probably contractual and is legal, and indeed if the employee refused, that might be a breach of the contract. On the other hand, if this is a new policy, or the level of use expected of you has increased sharply, the employer is probably breaching the implied (or express) contract of employment.

Keep in mind that employment is often "at will" which means that the employer can fire you, and you can quit, anytime. If you can be fired, then the terms of your employment contract can also be changed pretty much at will, but not retroactively. So, a new phone policy that starts tomorrow is probably a valid change in the terms of employment and would be enforceable against you.

If you had asked me if this policy were "fair," I'd of course give you an entirely different answer - it seems really unfair unless these employees are highly paid and the pay is high because of the phone policy. It also seems a bit wierd.

In closing, I'd point out that employees in some trades are routinely expected to provide their own tools and/or uniforms, so there is at least some precedent for the practice.