Legal Question in Business Law in Missouri

Cell phone privacy

Can an employer demand to search your personal cell phone for images or text messages while you are at work?


Asked on 11/24/06, 6:10 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Cell phone privacy

If they pay for the phone, they can gain access to it. If they do not pay for it, then they cannot unless you signed a confidentiality agreement that gives them that right.

Keep in mind, however, that while you have the right to refuse and they cannot legally compel you to show them the phone or its images, they can also legally fire you for any reason or no reason, but not for an unlawful reason. Violating a workplace policy on cell phones would be a valid reason for termination, and as a result, if there is nothing on the phone, the wisest course of action may be to comply with the request.

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Answered on 11/27/06, 10:54 am


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