Legal Question in Employment Law in California

can my job make me pay for a job cell phone,i didn't sign any contract and i had the phone for over a year and now they are telling me that i went over the minutes.no one ever told me about minutes or about paying for the phone in over a year.they say there going to take it from my pay.is that legal


Asked on 8/04/10, 9:49 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

If it is a company provided phone, they could arguably charge you for personal use, but would have to thoroughly establish that there were rules against personal use over certain number of minutes, and somehow prove that your calls violated that usage. If money is deducted from your pay over your opposition, you could file an unpaid compensation claim with the local Labor Commissioner office. If this is happening to many people, they could all join in making that claim, and if the company contested the claim the employees could hire an attorney to represent them in the hearings and trial. If so, feel free to contact me.

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Answered on 8/10/10, 2:04 pm


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