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I live in the state of. and PBoy are fire and employee for…

I live in the...

I live in the state of Virginia. Ken and PBoy are fire and employee for not using their personal cell phone for work related communications?

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

It is the state of Virginia. Can and employer fire and employee for not using their personal cell phone for work related communication?

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

Full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

When I was hired I was given an employee handbook. Nowhere in that handbook does it state that an employee is required to use their personal cell phone for work related communication

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Customer reply replied 4 months ago
I live in the state of Virginia. I work in the state of Virginia. Can and employee be fired by an employer for not using their personal cell phone at work for work communication? When I was hired I received an employee handbook that has job description and expectations of the employees. Nowhere in that handbook does it state that an employee is required to use their personal cell phone for work communication
Answered in 6 minutes by:
10/12/2017
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 17,655
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Yes, the employer can do this. The first thing that you need to know is that Virginia is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion.

There's no law that says that an employer must provide a phone for work related communications, and an employer can mandate that you use your own for work related purposes. It's sort of like using your own vehicle for work related purposes, even if it wouldn't be reimbursed. It's legal to make an employee do that, although the employee would have a tax deduction for the proportionate amount of the bill used for work purposes.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 17,655
Experience: Licensed Texas General Practice Attorney
Verified
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If there's nothing else, please rate this answer.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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Category: Employment Law
Satisfied Customers: 17,655
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