An employee cell phone agreement specifies the rights and responsibilities of both the employer and the employee. The agreement can cover cell phones issued by the company, employee-owned phones used for business purposes, or even how employees use their own phones for personal use while at work.
In general terms, the employer has all of the rights regarding company-owned phones and how personal phones can be used while an employee is at work. Because a signed agreement is a binding contract between both parties, it's wise to consult your lawyer before issuing a cell phone agreement.
An agreement covering company-owned cell phones can include any restrictions on its use that the employer wants. The agreement should plainly state that the phone is company property, or is leased by the company, and should be returned to the company upon request. It should include the model and serial number of the phone, as well as its cost and the cost of any accessories issued with the phone.
The following should apply:
Depending on the phone contract, you may also want to specify the number of minutes to be used, as well as whether or not long distance calls can be made with the phone. If you would like employees to also use their phones for personal calls, you could specify that any monthly bill over a set amount will be charged back to the employee.
The agreement should also state that the employee will abide by federal and state laws regarding its use, including while driving.
A cell phone agreement for employee-owned phones is usually less detailed than an agreement for a phone issued by the company, because the company owns neither the phone nor the phone number. The company cannot dictate how often the phone is to be used for personal reasons.
These agreements generally specify how much the company will reimburse the employee for work-related cell phone charges. For the sake of simplicity, this usually involves a monthly stipend paid to the employee, regardless of the employee's cell phone plan.
While the company can't specify how the employee uses the phone for personal reasons, they can specify how it is used while at work.
In 2019, companies have the right to forbid employees from using their personal cell phones while at work. Most companies, however, allow employees to use their own cell phones within reasonable limits, even if that just includes using the phones for emergencies.
Some employers prefer to specify that personal phones should only be used in moderation. Some examples include whether or not employees can:
A policy on cell phone cameras should also be stated in the agreement. You may want to specify that the camera on the phone is not to be used on company property, as their use could lead to sexual harassment complaints, other complaints from coworkers and breach of privacy, or it could put confidential information at risk. Alternatively, you can specify that the camera cannot be used in designated areas.
The agreement for your company should be based on what is best for your business, while allowing your employees some freedom within the limitations you need to impose. Imposing restrictions on cell phones that employees believe are too harsh could lead to morale problems and, ultimately, increased employee turnover.
