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cell phone and breaks

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C

cascas

Guest
What is the name of your state? california
i would like to know if when im on my break or lunch break at work if they can fire me for using my cell phone all the phones there are for work related only no pay phone and i only use it on my breaks
 


Beth3

Senior Member
Since using your cell phone isn't a "protected activity," yes, they can fire you for doing so. I'm guessing there's likely more to the story than you've shared however.
 
H

hexeliebe

Guest
Well good then. That means that you won't be coming back.
 
E

Elvis_is_back

Guest
Cascas - Does your company have any policies regarding breaks and/or cell phone use? Also where you on the premises when you doing personal stuff on your cell phone?

Your question is not as cut/dry as the other posters have indicated. As a business owner, I've researched this and was instructed by council to create a cell phone policy regarding if/when/where it would be permitted.

According to Beth's logic, you could be fired for reading a magazine during your break or having a cup of coffee. There must be something else to the story. IE you were causing a distraction for co-workers.
 
H

hexeliebe

Guest
According to Beth's logic, you could be fired for reading a magazine during your break or having a cup of coffee.
Which is correct. In fact, you can be fired for having a wart on your nose if that's the inclination of the boss on that particular day.

Unless your firing is based on a protected status (and ask your council) then it is legal. And regardless of what any POLICY states.
 
E

Elvis_is_back

Guest
HEX -
You could also be fired for doing a GREAT JOB, or landing a big account or for screwing the owners daughter - The issue is if there are adequate grounds for dismissal and whether the person is eligible for unemployment compensation. If you fire somone for having a 'wart on their nose', then yes - they no longer have a job - however they are eligible for unemployment compensation.

So YES, you can be fired for ANYTHING - However, there is something called 'GROUND for DISMISSAL' and unless this company had a written policy regarding cell phones then she would be E L I G I B L E for unemployment comp.

If you owned a business you'd understand that your payroll is taxed at a rate based on a variety of factors including the # of people who collect unemployment compensation after working for you. If you dismiss someone w/grounds, and they do not collect unemployment comp., then your rate stays low.
 

dequeendistress

Senior Member
"If you owned a business you'd understand that your payroll is taxed at a rate based on a variety
of factors including the # of people who collect unemployment compensation after working for
you. If you dismiss someone w/grounds, and they do not collect unemployment comp., then your rate stays low."

How does this pertain to the orignal poster's question/delima?
 
E

Elvis_is_back

Guest
Its pertinent because its based on whether someone can be fired and COLLECT unemployment vs. being fired and not being able to collect unemployment. As HEX correctly posted, you can be fired for anything, however, if you fire someone w/grounds then the person who is fired cannot collect unemployment and it doesn't penalize the company. If you arbitrarily fire someone, then they can collect unemployment and it penalizes company.

Do me a favor and read this post TWICE before you post a reply.

Thanks
 
R

Ramoth

Guest
Elvis, I read your post twice. Then I read the original post a second time, and nowhere did the original poster ask about unemployment. S/he asked if s/he could be fired for using a cell phone. Period.
 
E

Elvis_is_back

Guest
Queen -
Nice addition to the post - the answer to your question is no. However if you were asking a rhetorical question, then the answer would be nothing.

Have a blessed day -
 

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