is it legal for your employer to confiscate your cell phone?

Question

my girlfriend was checking the time on her cellphone at work and her "superior" asked her to give it to him
she did but i was just wondering if he has any right to ask for it

ok i keep getting different answers from everyone
here is more details
she works at magic mountain
in retail department
so basically in a store in the park
then this guy who she thinks is her superior comes up and tells her she was seen using her phone at work and asks her to hand it over
im not sure about magic mountains cell phone policy but i will try and do some research
any answers could help i am just really curious about this

Answer 1

I looked this up because it's a good question and I wanted to know for just in case any manager did this to me. The only policy a company can have is they will conduct random searches of a persons desk, locker room, and other workplace area. But an employer or boss cannot confiscate personal property from an employee during a search or like your girl who was just holding her phone he or she definitely had no right to touch her property and confiscate it. It's illegal. He should have just told her to go put it away and leave it in her purse or bag or whatever she carries to work. Like someone wrote if they have an HR department she needs to report this.

Answer 2

The answer to your question lies in the work policy manual at Magic Mountain or whomever her employer is. Employers DO have the right to confiscate cell phones if so stated in their employee manual.

If the employer considers the phone a security risk or just does not want them used on premises, they have every right to make such a determination. Of course, the employer should return the phone to her at the end of her work shift. Needless to say, she should not bring it or use it again in violation of company policy.

Answer 3

I couldn't really find anything on the web, but generally if a company doens't have an official policy against cell phone use, then he had no right to take her phone. Its her personal property.
In the future, I'm pretty sure she can make a stand and simply tell him 'no', then remind him to perhaps consider making a policy in regards to cell phone use.

Answer 4

Im not sure if its authorized or not but i do know that its an invasion of privateness so my excellent guess would be yes. Her boss will have to no longer have texted you. Answering the decision is still improper but no longer as fallacious as texting from her cell. Any one must talk to that boss!!!

Answer 5

I would tell her to check her company's policies on these things. (talk to HR)

It sounds like he was be-rating her.

Once in my company one of the employees was touching another employees cell phone (as a joke, pretending to make a call) she turned him in and he was wrttten up for touching personal property that didnt belong to him

If I were her I would report it

Answer 6

does the company have a stated policy of no cell phones at work? if so, then yes.

since you didn't state the kind of work place and job she does, there is some possibility that the confiscation was a security reason.

Answer 7

Im not sure if its criminal or no longer yet i be attentive to that its an invasion of privateness so my ultimate wager could be sure. Her boss do not have texted you. Answering the call remains incorrect yet no longer as incorrect as texting from her telephone. somebody could desire to consult that boss!!!

Answer 8

Absolutely NOT. Call the police and report the theft (that's essentially what it is) the moment it happens! If the employer actually yanks it out of your hand, then report them for battery charges as well.

Answer 9

when u joined the company you would have signed afew forms u may have signed a part that says cell phones are not allowed if so yada yada so yeah it is possible he is allowed to take it

Answer 10

No this isn't high-school. Her superior could of simply just told her to get of of it, by right thats is her property