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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17248
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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My employer is canceling the company cell phone plan. He is

Customer Question

My employer is canceling the company cell phone plan. He is making it mandatory that we purchase smartphones with phone, texting, email, and internet capabilities. He wants to have the phones tied to the company internet server so he can have control of the plan so he can shut down our plan anytime he chooses. The capabilities of the phone he is asking us to purchase is more than what was provided in the company old company plan. He is offering a 70.00 a moth allowance for the phones but will not pay any roaming or overages for the phones being used for company business, which means he is asking us to by a plan with enough minutes to cover phone calls so he has no phone bills for his business. Can he force us employees into doing this? Basically if we don't sign the agreement by the end of July and have the new phone active we have no job.
Submitted: 4 years ago.
Category: Employment Law
Expert:  wallstreetfighter replied 4 years ago.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is unfortunate, however legal,

wallstreetfighter :

the employer can ask employees to purchase a phone for company purposes, as long as they pay for the business use,

wallstreetfighter :

any non payment by the employer can be taken as a deduction when you file your taxes,

wallstreetfighter :

if he fails to pay for overages and roaming charges,

wallstreetfighter :

that would be taken as a tax deduction, in most of these cases,

wallstreetfighter :

it is better to use your current phone if you have a smartphone,

wallstreetfighter :

and take advantage of the $70 allowance, instead of purchasing a separate phone.

wallstreetfighter :

If he wants to have total control and forces you to use the company server, you will have no choice,

wallstreetfighter :

the law does allow this, if the employer is paying you an allowance,

wallstreetfighter :

As of now only CA and MI have laws forcing the employer to pay for all business use,

wallstreetfighter :

PA does not have such a law yet,

wallstreetfighter :

If you have any further questions please do not hesitate to ask.