Comments on: Can my boss snoop through my text messages?

By: Patty Cake

Patty Cake — Fri, 28 Oct 2011 14:09:06 +0000

recently our company is starting to use our supervisers to spy on the employees. Also taking select employees and having them sign affidavits that they will report any suspicious conversations. This is in Nevada. I believe that you have to have an investigator’s license to be hired to spy on someone. As we, the employees, are technically in the employ of the company that wants us to snoop on the other employees. Also, if we were to photograph or record anything and send it via let’s say, the cloud, doesn’t that violate some sort of internet, federal privacy act? Since there was possibly a third party consent law broken?
Dear Patty: AsktheJudge.info is an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens.
Your question involves a number of legal issues regarding employment law, privacy and contract law. We suggest you speak wirth a local employment lawyer who can assess the situation and advise you. Good luck.
(This is information only – not legal advice).

By: Honey

Honey — Thu, 22 Sep 2011 00:00:14 +0000

I was just informed that there was an investigation being done, because of an aligation that was brought up against me.When I was questioned I didn’t know how to answer since I wasn’t sure what they were talking about.I was asked not to speak with others from the department until the investigation is over. Over the weekened co-works called me since we had made plans to go out.When we all came back to work I was asked to see my cell phone log, and they saw that we did speak. What are my rights on that when they have no proof of anything and all they are going by is he say she say.
Dear Honey: Employers are allowed under the laws in most states to review your work-related communications by cellphone, computer, etc. Generally, there must be reasonable suspicion that a rule or policy at work has been broken or that a law has been violated. If charges are filed against you, discuss these emails and text messages with your lawyer. He or she will know what to do and how to handle this evidence in the case. Good luck.
(This is information only – not legal advice).

By: Shelly

Shelly — Thu, 15 Sep 2011 13:41:12 +0000

Recently my boss took my personal cell phone without asking (not provided by my company), and read text messages between myself and a recent former employee. What was said in the texts was not detrimental to the company, just general conversation that included some things that the other party already had knowledge of before they were let go. After they read my phone, they proceeded to try to ‘give me a chance to change my answer’ regarding if I had been talking to the other party. I was then called a liar, they admitted that they had taken my phone (without asking) and read through my texts, and threatened me with the fact they had fired people before for lying.

I feel as though my privacy was violated, and that my boss had no reason to look through my personal phone (nor had I given her any reason to snoop into my personal business that is kept outside of work). What sort of legality do I have in this situation?
Dear Shelly: You may want to refer to the Employee Manual (if there is one) to see if it states anything about employees’ cell phones. Also, you could try contacting a local employment attorney in your area for information and advice under your state’s employment laws. Many attorneys offer a free initial consultation. Good luck.
(This is information only – not legal advice.)

By: heather

heather — Thu, 15 Sep 2011 00:00:37 +0000

A co-worker and I had a relationship when I worked for this company. He was on the company plan, I was not. I no longer work with the company, he does. Can the company view our text messages since they never paid my bills – but his is paid? Does that violate my privacy?
Dear Heather: That depends on the terms of your employment when you were with the company. Every state has laws regarding employment and privacy while on the job. Since the other individual still works there, the company may be able to check his text or email messages if he’s using a company phone or they pay for his personal phone. They may be limited under the law to work-related content only. Good luck.
(This is information only – not legal advice).

By: Dalinda

Dalinda — Thu, 18 Aug 2011 23:26:05 +0000

I had another employee text me and tell me that she was quiting, then when she quit she thretened to sue our company for wrongful termination. i was told that my boss had to look at the text messages in my phone from the other employee but also ones from my boyfriend. What can you do in a case like this?
Dear Dalinda: You may want to speak with a lawyer in your area who is familiar with employment law and privacy in the workplace. You may have what is called a limited “expectation of privacy” at work, but many factors must be taken into consideration. State law also applies – therefore consulting a lawyer on this is recommended. Good luck.
(This is information only – not legal advice).

By: Jeff Tennill

Jeff Tennill — Mon, 27 Jun 2011 23:35:41 +0000

Can my employer track me at work using the GPS feature on my Cell Phone?

The phone belongs to me, the sim card belongs to my employer because they provide the service. The GPS is a part of the phone, not the card?????
Great questions, Jeff. This whole area of employer-employee supervision and privacy is developing as we speak. You have to look to your state laws regarding privacy and any employment contract you may have signed when you were hired. There may be a provision in your contract addressing work equipment and use of electronic devices while on the job. You may have control over this by turning the GPS off when not in use. Good luck.
(This is information only – not legal advice).

By: Judi

Judi — Wed, 22 Jun 2011 00:52:25 +0000

my boss took my private cellphone off my desk without my permission and read text messages. There is no cellphone policy and I did not give him permission. What are my options. Should I report this person to hr or get an attorney?
Dear Judi: You can check your company’s workplace policy regarding personal cellphones and other e-devices. You may have agreed to your employer taking and searching it when you were first hired and possibly signed such an agreement. If not, discussing this with HR may provide you with information about how to proceed. If you discover a violation by your employer then you can speak with a lawyer regarding your alternatives and remedies. Good luck.
(This is information only – not legal advice).

By: Tanya

Tanya — Tue, 07 Jun 2011 21:48:25 +0000

My boss changes my password to my land line at work so he can check my messages. Is this okay? I have not signed anything regarding they can do that nor have I done anything to make them think they need to, but it is their phone. My thing is why have a password
Dear Tanya: Whether you’ve done something to cause your boss to monitor your phone use, since it’s his business and equipment, he has control over how it’s used. It would be a different story if he required you to turn over your private cellphone. Bottom line, use the work phone just for work – no social calls, incoming or from you to friends. Good luck.
(This is information only – not legal advice).

By: Peggy

Peggy — Wed, 20 Oct 2010 00:45:46 +0000

My son helped a friend start up a company that he was at for about 4 years. He used his personal cell number and phone for business and then eventually the owner was able to put that number on the business acct. and buy him a better phone. My son has recently departed
the company and is in search of a new job. The cell number is on his resume. Of course
the phone needs to be returned, but the owner insists on keeping the cell number which my son has had for 15 years. My son is not willing to give it up without a fight. What are his rights? There have been no business calls on that phone since he left the company.
Dear Peggy: Ownership of the number depends on a number of factors. Who had the number first and paid for service; what your son and his business partner agreed to when the number was switched over to the business account and who paid for the service; and whether there was an agreement (oral or written) regarding the number upon a break-up of the business. There are other legal considerations that come into play that require the expertise of a lawyer familiar with contract or business law. You might contact someone in your area. Ask if he or she offers a free consultation for the first 30 to 60 minutes. That is not uncommon today and may be all the advice you need. Good luck.
[This is information only - not legal advice].

By: Jen

Jen — Wed, 28 Jul 2010 11:03:39 +0000

While at work (my lunch break) I accidentally called my employers extension on my personal cell phone(it was in my pocket). I was having a conversation with fellow employees at the office. The conversation was maybe a little inappropriate; however, my employer intercepted the call, and she put me on speaker phone so other people could listen to my phone call(approximately 30 minutes, when I was leaving the office(after lunch) to go work in different put of the facility; they then decided to call me on the office phone to tell me they heard my entire conversation. The person that called me wasn’t even the person that intercepted the call. Is this a violation of my privacy?
Dear Jen: Cell phone privacy at work and school is a subject of much debate today in both state legislatures and courts. A few recent cases have come down on the side of the employee and student, holding that individulas have a reasonable expectation of privacy on their cell phones even if issued by the employer for work-related calls. Every state has its own laws regarding privacy. You could also check any documents you signed when hired by your employer – you may have agreed to certain provisions allowing oversight of your calls while at work. You could also talk with a lawyer who specializes in employment law and is familiar with privacy issues. This is a developing area of the law and the challenge is for the law to catch up with technology. Good luck.
[This is information only - not legal advice].