HR Boss Demands To Search Employees’ Phones And The Internet Isn’t Having It

A recent surge of interest in Reddit’s “Anti-work” forum has led to a conversation surrounding the appropriate way for employees to respond to employers who expect them to utilize their personal phones for work-related tasks.

In a recent (but since deleted) post, an employee shared a situation where the workplace had implemented a new policy, requiring employees to subject their personal mobile devices to routine searches, as these devices were being used for work purposes.

OP wondered if it was legal for employers to search your phone.

HR told us they can search our personal phones anytime they want Today during an HR meeting employees were told that since we use our phones for work related things (i.e. phone calls to other employees/managers/customers, texts, pictures, maps) all while being out in the field and not given a work phone that our phones can be searched at I don't think this is legal, I think they need a warrant or subpoena if they wanted anything personal from me.

The legality of situations like these is somewhat complex, but U.S. courts have determined that employers are not allowed to infringe upon their employees’ right to a reasonable expectation of privacy.

However, the courts have also ruled that businesses can diminish this expectation by implementing written policies permitting them to search employee phones as needed.

Despite the inadequate protection for workers against employers invading their privacy, Antiwork forum members suggest resisting such policies and instead insisting that companies provide free work phones. Numerous organizations already offer company-paid phones for exclusive work use to avoid complications arising from employees blending their personal and professional lives.

Naturally, this expense is unappealing to business owners, who often seek alternatives to avoid the cost. Some Redditors have mentioned that their employers have found a middle ground by offering a stipend for phone usage related to work.

Others have highlighted various available programs that establish a secure compartment specifically for work-related applications.

Companies can access, search, and erase data within this area, but cannot invade other parts of an employee’s phone, thus allowing them to retain a degree of privacy, even if workplace boundaries are not entirely satisfactory.

Still, other Redditors claim companies who have tried to install this software saw a host of major issues as a result.

My workplace tried this in the conversion to WFH during the pandemic. almost bricked

Predominantly, users of the Antiwork forum recommend that employees, when feasible, resist agreeing to policies mandating the use of personal phones for work-related tasks, particularly when employers expect them to relinquish their privacy rights.

The intrusion of professional responsibilities into individuals’ personal lives has been intensifying over the years, and if employees do not assert themselves against management, this trend will persist until employers exert total control over their lives.

Finally, the comment I think we all should keep in mind since employers are not our friends, they’re just our employers:

Jason

Jason Mustian

Jason is a Webby winning, Short-Award losing humor writer and businessman. He lives in Texas with his amazing wife and four sometimes amazing kids.