Employment Law

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Does my employer have the right to access my phone records…

Customer Question
Does my employer have...

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.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Michigan

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will, full-time. I am in management.

Submitted: 11 months ago.Category: Employment Law
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Answered in 2 minutes by:
8/1/2017
Employment Lawyer: Loren, Lawyer replied 11 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,737
Experience: More than 30 years in legal practice.
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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.

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Employment Lawyer: Loren, Lawyer replied 11 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.

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Employment Lawyer: Loren, Lawyer replied 11 months ago

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

Otherwise, have I answered your question?

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Employment Lawyer: Loren, Lawyer replied 11 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!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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