Employer trying to force porting of personal cell phone number

[threecrazykids]

Here is the situation:

Employer has released a new company owned cell phone plan. Under the new plan, the company will now provide each sales person with a company issued cell phone. Up until this point, the company has required personal cell phones to be used for business use, and has issued a reimbursement each month to cover the expense.

All good so far...

Here is the caveat:

The company now states that all personal cell phone numbers MUST be turned over to the company (meaning they would now OWN your personal number). They claim that because that cell phone number has been used on business cards, website, advertising material, etc., and that they've reimbursed the cell phone bill they are "paying for the numbers". They also believe that because they've paid for the travel expense to provide your business cards to the customer, they own the phone numbers.

They also note that it is a significant cost savings for the company, therefore it should be important to everyone.

They say that everyone can use their company issued phone for personal use, the only difference is when you leave, your personal number will now stay with the company.

There are threats of termination if there is non-compliance.

For one - I worked in the telephony industry for 20 years. I know for a fact that what they are attempting to do is illegal. They can't force you to port your number to their cell phone company. They don't own the number, nor the contract. If they owned the numbers we wouldn't even be having the "policy" change. They'd issue new cell phones and assign the number to the new phone...but that's not the case.
The bill comes to me personally, not the company, and I am reimbursed for a portion of my bill.

I would thinking I could give them an even larger cost savings by not buying a new phone and stopping the reimbursement policy, and I'll absorb the full cost of the cell phone bill. LOL!

I've had this cell phone as my personal number for close to 25 years...there is no way I'm just signing this number over to my employer to save them from having to update business cards, advertising material, website, etc.

Just wondering what everyone's thoughts are on this and how you would respond.

 

[verleniahall]

they are right - sorry

 

[serenitynow]

Yep, they are.

 

[tcufrog]

Sometimes it unfortunately does not matter whether something is right/wrong or legal/illegal. What matters is how far you’re willing to take the fight and what you’re willing to risk.

 

[davper]

So how is the company right?

Once the company owns the phone, they own everything on it. Every personal text, email, photo, and any other personal info. I am not giving any employer that right.

Consult an attorney because I am not a lawyer.

You were reimbursed for the use of your phone. They did not tell you to go get a phone and give them the bill.

If you had a personal vehicle that you used for business purposes and was reimbursed for the use, could they then demand that you sign over the registration?

After talking with an attorney, I would call their bluff of termination. It sounds like a wrongful termination case to me.

 

[barkley]

i guess it becomes an issue of 'is this the hill you want to die on'.

unless it's a job with an employer/in a state with specific termination protections they can do pretty much anything they want (and even if you've got the protections a company can turn around an find/construct another basis for termination).

it's lousy, i agree-i've had the same cell number forever and wouldn't want to change it for anything. likewise-i wouldn't want to do my personal stuff on a 'company phone', it's a little to 'big brother' for my taste so i would pass on using their phone and get my own.

 

[Albort]

So how is the company right?

Once the company owns the phone, they own everything on it. Every personal text, email, photo, and any other personal info. I am not giving any employer that right.

Consult an attorney because I am not a lawyer.

You were reimbursed for the use of your phone. They did not tell you to go get a phone and give them the bill.

If you had a personal vehicle that you used for business purposes and was reimbursed for the use, could they then demand that you sign over the registration?

After talking with an attorney, I would call their bluff of termination. It sounds like a wrongful termination case to me.

We on Disboards arent qualified lawyer... seek a lawyer asap!

 

[princessfionasmom]

Definitely consult a lawyer. I don’t believe they have any right to your number, reimbursement for expenses doesn’t give them ownership of your phone number. They can opt to give you a new phone number and require you to use it for work but they can’t require you to give them your number. What’s next, you have to give them your car because they reimburse you for travel expenses. I wouldn’t do it and if they fire people I hope they all ban together and take them to court for wrongful termination. There is a website where lawyers answer questions, can’t think of the name but google it. Good luck!

 

[TwoMisfits]

If you're in CA, this may help clarify the issue for you...(other states will probably be similar)...
http://www.neildymott.com/bring-your-own-device-to-work-BYOD-cell-phones-personal-use-business

 

[Shanti]

It sounds like a wrongful termination case to me.

That depends on the state law of the OP, and whether he/she is an "at-will" employee or under contract. At-will employees can be fired for any frivolous reason without recourse, with the only exception being for a federally-protected status (ex: solely because of their race, religion, disability, etc.)

But I agree that this really stinks, and is an underhanded and coercive move by the employer. The OP might want to consider if he/she really wants to continue working for such an employer, anyway.

 

[mommajo143]

Unfortunately in this day & age you are at their mercy. And at the mercy of pretty much everyone else. Consumers, employees, the little guys - unless your protected class & willing to use that, none of us really matter and TBH rarely do we band together in a meaningful way to create lasting change. Sorry. I’ve been similarly frustrated by terribly unfair practices the past 5 or so years but unless you can move into another job easily I’d just keep moving with all the sheeple.

 

[MomToOne]

Ehhh...doesn't sound like a company I would want to work for if they went so far as to threaten termination over this mess. I'd start looking for another job.

In the meantime, most people I know that require a work phone carry two phones - the work one, and a personal one. It's a pain, but if the company owns the phone/number, then they have the right to any personal texts and such you may have on it. Separate phones are just more prudent. I'd go ahead and let the company have the phone number, and get myself a new personal phone/number that you can maintain forever forward. Yeah, it stinks having to update everyone on the new number, but hopefully that pain will work itself out pretty quickly.

 

[Sun_soakin]

I ported my personal number to a work plan years ago b/c I didn’t like carrying two phones. I know I won’t have a problem porting it out when I leave tho....

 

[tvguy]

If you're in CA, this may help clarify the issue for you...(other states will probably be similar)...
http://www.neildymott.com/bring-your-own-device-to-work-BYOD-cell-phones-personal-use-business

I am in California but work for a national corporation. We have a different situation. You are allowed to KEEP your company cell phone number and buy the phone when you leave the company.
We are forbidden from using our personal cell phones for business. Rumor is that rule came from corporate lawyers, but I don't know why. And more than one employee has no personal phone at all, their company phone.
I agree, check with an attorney. The company cheaped out and financed their business on their employees backs by not paying for cell phone in the first place. Now they have decided to provide phones, it's on their dime to issue new business cards etc with the new numbers IMHO. I suspect in some states if they punished or fired anyone for not turning over their personal phone numbers, that employee would get a nice court settlement. While I am not an attorney, no reasonable person would expect another person to do that.

 

[davper]

If you're in CA, this may help clarify the issue for you...(other states will probably be similar)...
http://www.neildymott.com/bring-your-own-device-to-work-BYOD-cell-phones-personal-use-business

By this article, the number is yours and not the company. Here is a quote from the article:
Ensuring a Phone Number Belongs to the Company

Since a phone number is not tangible property, then whoever receives the cell phone bill will own the phone number. The ownership is based on who has the authority to cancel or forward the phone number.

You said you pay the bill and get reimbursed. If that is the case, it sounds like the company can't take it.

 

[Lewisc]

What do other employees think. it won't go well for you if you're the only complainer. How much of your bill is your company reimbursing you. most of the bill? I'd suck it up and get a second phone. Voice mail message this John doe this is now exclusively my business phone. calls are answered during my work day calls during the day will be returned promptly. if this is a personal call please note my new number is xxx xxx xXxX please update my contact information and call me at that number.

Is the company paying a small% of your bill? . Then I'd politely say I don't agree. . This is obviously my personal number. business use is incidental.
You're a salesman. If you're at the top they might let it slide . If not you
May need to let it slide.

I agree with PP, time to have a separate business and personal number.

 

[MommaBerd]

I would be incensed! Could you offer to pay for the cost of keeping your number, e.g., the business cards and the cost of a new number (which I didn’t even know had a cost?). Maybe even do some research on the numbers before you ask. I think that is a very reasonable compromise. Otherwise, I agree with PP - not a place I would want to continue to work. The job market is good right now; there are likely other great opportunities at a different company. I know, it’s easier on the outside looking in...

 

[Hikergirl]

I would keep my current number personal and get a new phone and number and give them that.
Let them deal with changing all the business cards and whatever else they have to do. If they have a problem with that I would be seeking employment elsewhere. I would not be working for a company that had that kind of control over my personal property.
Truth is I would have done that when they first made you use your personal line for business.

 

[piccolopat]

Most companies don't show the phone numbers of individual employees on their website or in advertising materials. The cost to update business cards is relatively small. Unless you love your job or have no prospects someplace else, I would refuse to give up a long held PERSONAL cell phone number, especially one that was only partly used and reimbursed for business use. Individuals also have their number in lots of places and it could be a cost and/or hardship to update to a new number just because your employer is being cheap.

 

[davper]

That depends on the state law of the OP, and whether he/she is an "at-will" employee or under contract. At-will employees can be fired for any frivolous reason without recourse, with the only exception being for a federally-protected status (ex: solely because of their race, religion, disability, etc.)

But I agree that this really stinks, and is an underhanded and coercive move by the employer. The OP might want to consider if he/she really wants to continue working for such an employer, anyway.

That is not correct. I work in an 'At Will' state and have non-union employees who work for me who are not under contract. We have to document everything before we can terminate someone. Even someone who is always late and screws up a lot. We have to do verbal warnings, written warnings, job performance improvement plan, and anything else to prove we tried to fix the problem and had cause. And I still find myself in hearings at least once a year regarding wrongful termination.

Layoffs and job elimination is a bit different. But we still have to prove that we tried to fit the persons into other open positions that they are qualified for. Before we hire after a layoff, we must offer those laid off a chance to come back.

If she was let go after refusing to port her number, that would be retaliation and just serves to add zeros to the settlement with the burden of proof on the employer.

Again, I am not a lawyer and you should consult with one before proceeding.