Can an employer legally say you cannot use your cell phone on a break that you clocked out for?

Question

I work in a hometown restaurant where many people have pushed the employers buttons causing a strict, no cell phones allowed in the building policy. However, this also applies to when we are on break whether we are inside the building or not. They say that there will be one warning given and then following that your phone will be taken away. On your third offence they say they will take it for a week. Is this legal?

Answer 1

They cannot take away personal property -- that would be stealing.  However, you can be fired for not following policy.  Just don't use the cell phone!!!

Answer 2

Wow, it's sad that the company has had to resort to this type of restrictions.  Unfortunately, other employees have made these types of rules happen because of their abuse.  I don't think they can legally take your phone away, but they can restrict the use of it on their property.  However, I think that since you are on a break in which you clock out, they should be obligated to provide a way for you to communicate either through their phones or pay phones (do we still have pay phones?).  Please handle this situation with caution because most companies hire people "AT WILL" meaning that can fire you for any reason the want to, at their own will.  I hope this helps.

Answer 3

They can say that you can't have a cell phone on their property.

They'd have a hard time trying to tell me I couldn't do something on my break, when I clocked out.  That's just me though.  I'd have to tell them what they could do with their warnings.  No employer of mine is going to treat me like a child and say they are going to take my cell phone away for a week, especially if they are not paying for it.

I am guessing that I wouldn't work for that employer very long...HAHA

Answer 4

They cannot take your phone away but they can have a policy about no cell phone calls while on their property.  When you are on a break, you are being paid so you are still on company time.  

Answer 5

They have the right to have a "no cell phone use" policy on the worksite. You should go outside to your car if you want to use the phone, that way you are away from customer view and on your own time and car.

Answer 6

Yes they can say that.  Anytime you are in the public eye in uniform, they have the right to tell you the behavior that is required.  However, they can't take your phone away.  It would be theft.  Just like you can't take their silverware away.  You can definitely get docked time off for behavior violations.  My suggestion:  Unionize.  

Answer 7

Unless you  are specifically covered by a labor contract, you can be terminated, at any time, for any reason, or for no reason at all.

  They cannot take away your phone, but they could legally termiate you for using it.   Quit while you are ahead.  

Answer 8

No, your not on the clock and your not getting paid for taking a personal call on your personal time. You need to get out of this company, they can not take personal property from you.

Answer 9

actualy they cant its up to you what you do on your time if your clocked out and outside then ya you can use your phone 9 times out of 10 the employer uses there phone as well on ther own time and the cant fire you for using your phone on your own time you can turn around and sue

Answer 10

They cannot take your phone, but, they can enforce company policy for you not to use your cell phone while on break. That policy was put in place because using a cell phone in their establishment is disruptive to their business.