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Old 09-26-2015, 11:51 PM
 
8,779 posts, read 9,452,560 times
Reputation: 9548

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Title says it all.

Employer reading employees personal texts messages sent outside of the office.
It's known and policey that while in office and on company provided internet that messaging is subject to this practice, but it has become known the employer has been reading everyone's messaging outside of the office.

It became know after a slip of the lip about information on an employee that could not have been known otherwise.

Company pays for people's plans, but phones are personal property of their respective owners.

Now, in the light of this information becoming known some employees are canceling their service for their phones through the company and paying for their own service and the employer is threatening "action" against anyone who follows

What are the laws regarding this kind of practice? I would assume "messy" since most laws surrounding these types of communications has not caught up with the times yet.
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Old 09-27-2015, 12:02 AM
 
Location: Greater NYC, USA
2,761 posts, read 3,427,851 times
Reputation: 1737
man that's drama !

evil company with a strange conspiracy to read your personal texts and if they don't you get fired !

If they pay the bill, it's their property and you can only use it to conduct business as their representative. If you pay for then it's yours personal phone. I mean dude, if you wanna exchange nude pics with your girl, don't do it on an office phone.
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Old 09-27-2015, 12:27 AM
 
10,075 posts, read 7,542,084 times
Reputation: 15501
They have a right to it if they are paying for it...

this is why people should learn to not use personal phones as business phones/company phones for personal... the company can take the phone if there is an investigation at any time they want...

people should stop being cheap, buy their own damn phone/plan and use it for personal things, and use company phone for company things. a phone plan is just the price of a dinner, don't eat out a night or two and you're set >.>

http://www.nbcnews.com/technology/us...take-6C9558082
don't even check work email on personal phone if you are smart, at most I just use mine to call/text if I need to come in late or they need me to come in early, anything more involved, they can wait until I get in
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Old 09-27-2015, 12:35 AM
 
35,094 posts, read 51,243,097 times
Reputation: 62669
I would think if the company pays for the plan they have legal rights to look at what they want.
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Old 09-27-2015, 12:37 AM
 
24,488 posts, read 41,141,698 times
Reputation: 12920
It's perfectly legal for people to cancel their company plans and pay for their own personal plans.
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Old 09-27-2015, 12:39 AM
 
10,075 posts, read 7,542,084 times
Reputation: 15501
Quote:
Originally Posted by NJBest View Post
It's perfectly legal for people to cancel their company plans and pay for their own personal plans.
from my understanding of it, it doesn't matter if it is your phone/plan... if you use it for company work, the company has a right to that phone... it's part of the terms/conditions of using phone for business

usually there is a disclaimer about it somewhere during orientation or whatnot, and you know how well people read those things before signing their names...

another link https://www.privacyrights.org/bring-...n-device-risks
Quote:
A. How employees can protect their privacy proactively
  • Think carefully about whether to use a personal electronic device for work purposes at all. Employees should read their employer’s BYOD policy thoroughly. Be aware that these policies often use legal and technical jargon that may be difficult to understand. For this reason, employees may decide they want to speak with an attorney, or at least clarify their concerns with the HR department. Consider whether any potential privacy compromises are worth taking on in order to use a personal device at work. Not participating in BYOD is the best way to keep the private information on a personal device private, but it might be less convenient.
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Old 09-27-2015, 12:45 AM
 
24,488 posts, read 41,141,698 times
Reputation: 12920
Quote:
Originally Posted by eyeb View Post
from my understanding of it, it doesn't matter if it is your phone/plan... if you use it for company work, the company has a right to that phone... it's part of the terms/conditions of using phone for business

usually there is a disclaimer about it somewhere during orientation or whatnot, and you know how well people read those things before signing their names...
There is no implied consent. You would have to explicitly agree to provide an employer such rights. Simply conducting business on a personal device does not provide the employer a right to that device.
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Old 09-27-2015, 01:16 AM
 
10,075 posts, read 7,542,084 times
Reputation: 15501
Quote:
Originally Posted by NJBest View Post
There is no implied consent. You would have to explicitly agree to provide an employer such rights. Simply conducting business on a personal device does not provide the employer a right to that device.
I'm not saying it is implied, but it is part of the paperwork you signed during the hiring process... hidden away in small print somewhere

usually part of the electronics usage document, or was on mine. stated in a round about way though
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Old 09-27-2015, 03:09 AM
 
24,488 posts, read 41,141,698 times
Reputation: 12920
Quote:
Originally Posted by eyeb View Post
I'm not saying it is implied, but it is part of the paperwork you signed during the hiring process... hidden away in small print somewhere

usually part of the electronics usage document, or was on mine. stated in a round about way though
No. It's not on any document I signed. An electronic service use document would indicate the policy for the service. A company-owned electronic usage document would indicate the policy for the usage of the device. I suspect that very few companies govern the personal devices that electronic services are used on. And I've written many of these policies for my clients. Many of which are Fortune 500 companies.
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Old 09-27-2015, 03:21 AM
 
Location: Vallejo
21,882 posts, read 25,146,349 times
Reputation: 19083
Quote:
Originally Posted by rego00123 View Post
Title says it all.

Employer reading employees personal texts messages sent outside of the office.
It's known and policey that while in office and on company provided internet that messaging is subject to this practice, but it has become known the employer has been reading everyone's messaging outside of the office.

It became know after a slip of the lip about information on an employee that could not have been known otherwise.

Company pays for people's plans, but phones are personal property of their respective owners.

Now, in the light of this information becoming known some employees are canceling their service for their phones through the company and paying for their own service and the employer is threatening "action" against anyone who follows

What are the laws regarding this kind of practice? I would assume "messy" since most laws surrounding these types of communications has not caught up with the times yet.
Nothing. It's the employer's plan so I don't see an issue with it. That's generally why you don't let employees know about monitoring or do so as vaguely as possible. I don't have any issue with an employer monitoring a cell phone plan they're providing. If they require something like your personal plan that's to me overreaching in general for most jobs. Requiring company business be conducted on the company plan, however, is completely reasonable and let's just be completely honest, business gets done outside of business hours all the time so of course they have the same legitimate interest in monitoring communications on said plan after hours. I've had employer-provided cell phone plans. I carried two phones and kept my personal life as separate as possible. Yeah, I'd text coworkers on stuff that wasn't work-related on the company phone but nobody was an idiot about it.
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