Legal Question in Administrative Law in Florida
cell phone in the work place
I want to know if my employer has the legal right to take my cell phone if it is just sitting on my desk ?
Asked on 2/02/09, 7:16 pm
2 Answer from Attorneys
Frank Pray
Employment Law Office of Frank Pray
Re: cell phone in the work place
An employer has a duty to state its policies clearly to employees concerning use of personal items at work. The cell phone is your property, and without your agreement to remove and take it, the employer would be committing "trespass to chattels" and "conversion"--both entitle the wronged party to emotional damages, as well as any lost value of use. Punitive damages are also available. So, the question is, did the employer obtain your consent to remove your property before taking the cell phone. (A policy of "no cell phone use" does not equal consent to removal).
Answered on 2/02/09, 8:30 pm
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