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Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 100972
Experience:  Years of experience in running a medium sized law firm.
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If a company gives you a phone that can track you, must I

Customer Question

If a company gives you a phone that can track you, must I wear it or can I leave it in the truck? Also can they make me leave it on even after my shift or work day ends or can I turn it off?
Submitted: 5 months ago.
Category: Employment Law
Expert:  Ely replied 5 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

It is not illegal for employers to insist that you keep a phone that tracks you while you are on duty. If you make runs outside your truck as part of your job, the employer can request that the phone be taken with you.

However, the rules are different when one is off duty. While an employer cannot TRACK a person, an employer CAN demand that a phone be kept near the person in case of emergencies. (Doctors have this often, for example.) However, it would be unlawful for the employer to track the person while off duty using that phone.

Finally, if one signed a contract that specifically allows the employer to track you via phone and agree to carry the phone, then that contract DOES give the employer that right.

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