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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 11248
Experience:  Significant experience in all areas of employment law.
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Can my employer ban me from carrying my cell phone while at

Customer Question

Can my employer ban me from carrying my cell phone while at work? I live in California.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Good evening and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.
Unfortunately, this requirement is legal. The reason boils down to the fact that employment in the state of CA is "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable, or even whether there is a reason at all.
Since employees can be terminated for an arbitrary or unfair reason, employers can condition further employment on adherence to whatever work related rules and standards that they want. The only exception would be conduct that is against the law. For instance, it would be illegal for your employer to require that you engage in tax fraud on behalf of the company. But aside from this very limited exception, an employer can impose whatever rules for the workplace that it wants--including a rule banning personal cell phones.
I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.
Expert:  Patrick, Esq. replied 1 year ago.
Hello again,
I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.
Very best wishes.

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