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Karen Codere
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Cell Phone Policies

Policies and Procedures > Discipline

By: Karen Codere | Tuesday, May 26, 2009
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Employers need to identify for their employees what their respective companies’ expectations are for the use of company cell phones, should clearly communicate these expectations and related use parameters in writing to their employees and should directly reference the expectation that employees abide, at all times, by all applicable federal, state and local laws governing cell phones and usage. 

For example, in the city of Chicago and in the state of California, talking on a cell phone while driving is not allowed unless you’re using a hands-free device. You will be ticketed if you are caught driving and talking on your phone. Most organizations will tell employees if they get a ticket, it’s up to them to pay it, even if the employee was on a company phone. 

So these types of rules and laws need to be written into a company’s cell phone policy. 

The policy should state that the company expects employees to drive safely, pay attention and abide by all laws—after all, an employee’s improper or careless use of cell phones while driving a company vehicle or driving a vehicle while on the clock, not only could result in an accident or violation of law, but it is also a direct reflection on the company and the company’s image. 

A basic cell phone policy should include:

  • Information about safety issues;
  • A statement that it is the employee’s responsibility as a driver to know about laws surrounding the use of cell phones while driving. If you know your state or city has a law you can include it, but your list should not be looked at as all inclusive by employees and it should state as much.
  • Company cell phone usage information, such as how the device should be used, who incurs the cost of the service, who incurs the cost of any “extras” and any related reimbursement policies (or reference to the same if they are stated in a separate document). 

The company’s communications policy should also be tagged for further reading within the cell phone policy. 

It may also be a good idea to include that employees with company phones should have no expectation of privacy—which means at any time their manager can ask to see the phone or review the charges on the bill. 

Employees need to know—just like their worksite computer—if their company cell phone is used for personal reasons, the content of the communications should be appropriate and business-oriented, and that if any personal uses of the devices (including, but not limited to, sending and receiving text messages, sending and receiving pictures, taking pictures or video with the phone, etc.) violate any company policies, such as anti-harassment, anti-discrimination, etc., such behavior is grounds for discipline, including and up to, termination. 

Companies need to look at cell phones as company equipment and treat them as such. Again, use of these pieces of equipment results in a direct reflection on the company and its reputation, and improper use of the same could have extremely negative consequences. 

It’s also important to write into the policy what happens if an employee with a company cell phone leaves employment, as information important to the company (such as sales contacts, lists or other proprietary information) may be stored on the cell phones. Many companies say the employee needs to give the phone back immediately, but sometimes employees get very upset about this because they’ve been storing all their information on it and now they won’t have it anymore. The phones, however, are company property, and as such, the company has the right (and should retain this right through communicated policies) that any information stored on such phones is the property of the company and not the individual employee.

In my next Insight, I’ll talk about the mistakes I commonly see employers make regarding cell phone policies in their workplace. 

Legal Disclaimer
The information contained in this document is for general, informational purposes only and is not intended to be legal advice. This information is not a substitute for the guidance of a professional and should not be relied upon in reference to any specific situation without first seeking the advice of a qualified HR professional and/or legal counsel regarding applicable federal, state or local laws. HRTools, Insperity and their respective employees make no warranties, express or implied, and make no judgments regarding the accuracy of this content and/or its applicability to a specific situation. A reference or link to another website is not an endorsement of that site or service.
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