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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 34419
Experience:  More than 30 years in legal practice.
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Does my employer have the right to access my phone records

Customer Question

Does my employer have the right to access my phone records (calls and texts) on my personal phone? I pay 100% of the costs of the phone, but I do use it for business as well.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Michigan
JA: Is the employment agreement "at will," union, full time or part time?
Customer: At will, full-time. I am in management.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 2 months ago.
Category: Employment Law
Expert:  Loren replied 2 months ago.

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I appreciate your patience as I review your question. I will post my response shortly.

Be aware, however, this is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. There is no obligation for you to accept the phone call offer, unless you want. While I am happy to speak to you, if you wish, I am also happy to continue online. So, there is no pressure to spend extra money.

Expert:  Loren replied 2 months ago.

Absent a court order or contractual agreement, the employer has no legal right to demand your phone records.

However, without a written employment contract requiring cause for termination, you are, in all likelihood, an at-will employee. As such, you serve at the whim of your employer. They can change your duties, compensation, schedule or even terminate for any reason or no reason at all.

The only exception is that any action taken against you may not be motivated by illegal discrimination (race, religion, disability, ethnicity, etc.) or sexual harassment.

I am sorry. I wish I could tell you otherwise.

Expert:  Loren replied 2 months ago.

Did you have further questions? I am happy to continue if you do.

Otherwise, have I answered your question?

Expert:  Loren replied 2 months ago.

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!