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I'm fighting a battle here and am looking for ammo:
Can an employer demand that a salaried employee provide his cell-phone number and be available via his cell-phone 24/7? Or (my arguement) does the employer have to provide a cell-phone? I have no problem being 24/7, but I won't use my phone for it... even if the boss says that he'll allow me to file an expense if the call gets too long (what ever that means)
thanks
Quote:
Originally Posted by [AK]Nuts
I'm not an attorney, I don't play one on TV, and I didn't stay at a Holiday Inn Express last night, but to the best of my knowledge they would have to provide the phone and pick up the tab in order to make it a job requirement I would think. If you are "on call", Usually a home number is suffice. It's the employees responsibility to be available during that on call status, and for compensation I would think. I don't know the 'law', but most employment contracts and or union agreements require compensation for 'on call' status, and any time you spend on call and taking calls on your personal time is due for compensation. I don't see how an employer can force you to use a personal item for business purposes outside of the on call situation obviously. If it were your only phone, then I may be able to understand that.
Do you have an employee "contract", or just a Personnel Policy? Does it spell anything out in either, if they exist?
For what it's worth, my company provides all people on call with a cell phone. As far as salaried employees, we're fair game for everything, anytime it seems :(. Keep in mind though, i work for a small company with around 80 employees or wich 10 are on salary. I guess it comes down to how much they intend to use YOUR cell coverage. I think they should give you a phone.
kidd
My boss is just being a tight wad... everyone in the company that every has to be on-call gets a cell-phone. Hell, my boss has a company paid blackberry. He just doesn't get why I expect the same treatment. I'll be heading over to HR in a few as our company policy only covers compensation (pay, time-off) for weekends/holidays/evenings, etc. There's nothing in writing about cell-phones. My bosses arguement: You have a house phone and you don't mind us calling you there.
what a ma-rooon.
You mean at $4.00 a gallon for gasoline your robber baron employer can't spring for a lousy cell phone?
Sheesh! ;)
Hey, you leave my big fat bonus out of this :)
My boss is under the impression that his expenses come directly from his wife's purse. He actually argued with us over getting CD-labels (manual stick-on kind) versus just using a Sharpie. And we're not talking 1000's of label, just a pack of forty.
I just can't find anything in the HR manuals about using personal equipment/items for company work.
Yep, that's what you get for working with the enemy!!! LOLQuote:
Originally Posted by [AK]Nuts
Let ask you somehting Nuts:
Does your Boss get a bigger bonus by not using his budget?
It's my personal belief that if an employer expects 24x7 coverage than the employer needs to provide you with a device to accomodate that demand (beeper, cell phone, etc).
That being said, barring and specific contract or HR policy against it I believe the employer can make any kind of demand he wants on you.
If you do not like the demand you are free to go look for employment elsewhere.
For example, let's say my job does not cover 24x7 currently and my boss comes to me and says "Well, now you need to do 24x7." I may not like it but it's well within the companies right to make this demand.
Ask Squidly about company demands on it's employees. He was just forced to move from one location to another adding on a total of 2 hours to his daily commute. Can the company legally make such demands? They sure can.
Legally, yes they can require that you purchase a cell phone for business use.
My wife is a Physical Therapist and over the years has had several expenses like this that she is expected to cover (uniform, blood pressure cuff, stethoscope, etc.)
On the upside, you can write off that expense on your taxes, which may take some of the sting out of it.
Maybe you can get one of those cheap-o phones that have a pay-as-you-go plan on it. That way you won't get hit with a monthly charge, and only get dinged when someone from work actually calls you to address a problem.
Now that just plain sucks.Quote:
Ask Squidly about company demands on it's employees. He was just forced to move from one location to another adding on a total of 2 hours to his daily commute. Can the company legally make such demands? They sure can.
Not to mention the impact of driving an SUV an additional 120 miles a day. It's like I took a huge pay cut.Quote:
Originally Posted by [AK]Gunny Highway
You need a Vespa :)
As a salaried employee, you basically get to say "thank you sir, may I have another?"
But unless your cell phone plan blows, you should have caller ID on it. I'd answer the phone only upon my own convenience.
-Clay
I use Clay's method. On the weekend, I do not answer work calls.