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Phone Charges

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Snap71

Junior Member
What is the name of your state? New York

My company had all employees sign an agreement that the employee would pay any overage charges on their cell phone resulting from personal calls. This agreement was signed back in 2004 and the company has never charged for the over charges. Then last month they decided to give a bill for the overage charges from the last four months, October thru January, without any prior notice that they were now going to start enforcing the agreement. Can they do this?? I already told them that I felt this is unfair. They said they were "being nice" not charging us in the past; I told them if they wanted to "be nice" they should have gave us a warning they were goingto start charging us.
I was told by a friend that there is some law or something that if they don't enforce an agreement or rule for a certain amonut of time they can't start to enforce it, out of the blue, with out any notice. Is this true?? Do I have to pay these?? How far back are they allowed to bill us, if at all?? Could they essentially tell us now to pay the back bills since 2004??

Thanks
 


racer72

Senior Member
Can they do this??
Sure, they have signed agreements.

I already told them that I felt this is unfair.
Bet they felt otherwise.

They said they were "being nice" not charging us in the past; I told them if they wanted to "be nice" they should have gave us a warning they were goingto start charging us.
The signed agreement is all the warning that is required.

I was told by a friend that there is some law or something that if they don't enforce an agreement or rule for a certain amonut of time they can't start to enforce it, out of the blue, with out any notice.
Tell your friend to provide a specific statute or law that proclaims this. Bet they can't.

Is this true??
Hmm, no.

Do I have to pay these??
I would say yes.

How far back are they allowed to bill us, if at all??
They could go back to the day you signed the contract.

Could they essentially tell us now to pay the back bills since 2004??
The statute of limitations in New York is 6 years. So the answer is yes.

The likely cause of this is a few that have abused the privelige and those in charge are going to make everyone pay. You wouldn't be one of these?
 

Betty

Senior Member
You actually were given a warning back in 2004 when you signed the agreement to pay for personal phone calls. They are being nice in that they didn't charge for personal calls in the past. The employees who did not use/abuse the phone for personal calls have nothing to worry about.
 

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