“Considering the cost of cell phones and phone plans, I have my employees use their personal cell phones for work. They all have unlimited plans already so using their phone for work doesn’t cost them anything. I don’t see any problems, do you?”
My HR Survival Tip
There are actually three problems with having employees use their personal cells phones for anything business related.
First, a very recent California Court of Appeal decision made it clear that companies are required to reimburse employees for using their personal cell phone for work-related calls. The decision specifically states you need to reimburse the employee for a “reasonable percentage” of unlimited cell phone plans. This means that even if it doesn’t cost the employee anything, it will cost you something.
Second, when your employee is placing calls on a personal cell phone, you have handed your client and/or vendor list to your employee. Why bother trying to protect your client list if you’ve allowed an employee to keep that information on a personal cell phone where they will walk off with it when the employment relationship with you ends?
Third, your employee is giving their personal cell phone number to your clients and vendors. When your client wants to reach your company, they will call that cell number. What happens when the employee isn’t working for you but gets those calls? Will that ex-employee refer those calls to you or will they try to move that business to their new employer?
The court is now requiring you to review your personal cell phone policy and provide reimbursement. However, if you truly want to protect your proprietary information, you should control access to and storage of company information by using only company-owned phones.
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