Legal Question in Employment Law in Utah

My husband's boss is conducting searches of cell phone texts and phone calls on his employees. He's very adamant about employees not using cell phones at work, and he has gone so far as to do random "cell phone checks". He picks a random employees and says, "Give me your cell phone," then goes through their calls and texts to make sure none of them occurred while the employee was at work. Is this legal? Is it a violation of our freedom from unreasonable search and seizure?


Asked on 10/14/11, 4:38 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

It is not legal. He may restrict the use of cell phones but has no right to search the phones. I suggest your husband leave his phone in his vehicle or other safe location and check calls during breaks and lunch.

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Answered on 10/15/11, 5:22 pm


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