Can my employer terminate me for using the work phone for personal purposes?
February 11, 2023 | 30,00 EUR | answered by Sofia Vöss
Dear Employment Lawyer,
My name is Jan Koch and I have been working for a medium-sized company for two years. In my role as a sales representative, I was given a company phone which I also used for personal purposes, such as communicating with my family or sending private emails. So far, my supervisor tolerated this and there were no complaints from the company.
However, I was recently informed by my employer that the personal use of the company phone is against company policies and I should stop using it for personal reasons immediately. Furthermore, I was threatened that further personal use could lead to termination. This information has left me very concerned and unsure, as I have always considered the company phone as my own property and was not aware that personal use was prohibited.
My worry now is that my employer might actually terminate me due to the personal use of the company phone. I am unsure if this is legal and how I should proceed in this situation. Are there any ways to prevent or avoid termination due to personal use of the company phone? What legal steps can I take and what consequences could I face in the worst case scenario?
I would be very grateful if you could assist me in this matter and provide me with possible solutions. Thank you in advance for your support.
Best regards,
Jan Koch
Dear Mr. Koch,
Thank you for your inquiry regarding the private use of your work phone and the potential consequences associated with it. It is understandable that you may feel uncertain and concerned in this situation. I would be happy to assist you and provide you with possible solutions.
It is important to know that a work phone is primarily provided for work-related purposes. Private use is generally not allowed and may violate company policies. If your employer has clear rules regarding this and you disregard them, it could lead to legal consequences.
In your case, you have already been informed that private use of the work phone is prohibited and further violation could result in termination. Therefore, it is advisable to follow your employer's instructions and refrain from using the work phone for personal purposes to avoid further issues.
If you are still unsure whether termination due to private use of the work phone would be legal, I recommend seeking advice from an employment lawyer. A specialist can assess your specific situation and provide legal guidance on how best to proceed.
In the worst-case scenario, termination due to private use of the work phone could indeed be possible, especially if it goes against clear company policies. It is important to follow your employer's instructions and avoid potential consequences.
Lastly, I suggest having a conversation with your supervisor to clarify any misunderstandings. Show understanding for the company's rules and try to reach an agreement that is acceptable to both parties.
I hope this information is helpful to you and wish you success in this matter.
Best regards,
Sofia Vöss
Employment Lawyer
