Do I have to pay back?

[omer12345]

What is the name of your state (California)? California

I work for a company in California and at the beginning of last year they gave me a cell phone telling me all my bills will be paid by them. I was told ok to use for self and for the company. One year later, they came up to me saying that they wont cover my overseas bills and gave me a bill over $4000. I didn't sign any contract with them with regards to phone. When I got the phone my collaegues told me that they use the phone often during their overseas trips and they dont have to pay nothing, so I started using my phone for personal overseas reasons as well. Could you please advise me on this issue? The point which I tried to make is if it was not allowed for me to have overseas calls, the department was just waiting for one year to pass by and then come up with this huge bill?. No one told me it's costing as much, how am I supposed to know? I am using it for one year. I mean if someone would have alerted me the first month I made overseas call, around a year ago, I would have stopped it then.

Your help would be really appreciated.

 

[swalsh411]

Did you agree to anything in writing when you received the phone or is there a documented policy on permissible cell phone use?

I find it very difficult to believe that they told you that you could use the phone as much as you want for personal calls while overseas or that you believed this was OK to do.

Having said that, if they can't prove you agreed to any sort of pay back for personal use then I don't think they would prevail if they sued you.

They can not take it out of your check without your permission. They could sue you. They could also fire you.

 

[OHRoadwarrior]

Most companies have a policy about personal use of company property and services. If you violated one, they will request reimbursement. If you decline, you will likely be fired for violating that policy.

 

[justalayman]

I cannot see a valid claim from the employer. One year without notifying you, unless the bulk of the charges was very late in that year, shows a lack of intent to require you to pay for personal use.

as swalsh states, while they would likely not have a winnable case if it went to court, they can simply fire you unless you have a contract preventing it.