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Requiring use of personal phone(pda) for official duties as a condition of hire.

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calisnowripper

Junior Member
TX, USA

My employer recently discontinued reimbursement of cell phone and data plan expenses to my department to cut costs. This is understandable, though unwelcome, of course. What raises the ethical hairs on the back of my neck is that my Director is now requiring, as a condition of employment (for new employees, not current ones) that employees acquire and use their personal mobile voice and data devices for official business.

When I say "use", I don't mean to keep them nearby to remain contactable. He will be requiring that we have smartphones and that we use them (and the required unlimited data plans) constantly throughout the workday to check the continual stream of emails that we receive.

The expense of these devices and their accompanying contracts will not be reimbursed.

In a nutshell, is requiring unreimbursed use of personal _________ for official business as a condition of employment legal?
 


CraigFL

Member
Why not? I hire service people that are required to have 1000s of dollars worth of their own tools. My service people treat this as an unreimbursed work expense deductible on their taxes.
 

pattytx

Senior Member
Yes, it is legal. The only state that would require this be either supplied or reimbursed is California.
 

calisnowripper

Junior Member
Thanks for all of the replies everyone. I had no idea how good I had it when I ran from the housing market in California a few years back. We had laws for everything, apparently.

While we're on the subject: Should he decide to, could my Director require we who are already employed to use our personal devices? Would it be changing the terms of our employment somehow?
 
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pattytx

Senior Member
Not significantly enough to quit and get unemployment benefits, if that's what's behind your question.
 
Unfair? Sure.
Illegal? No.

Your coworkers' best bet is to unionize, but even that is a big iffy; there is no law in Texas to protect those who unionize. Membership in a labor union is not a protected class, like membership of a particular religious organization is, neither at the federal, nor Texas state levels.
 

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