QUESTION
If I use my personal cell phone for work, does this allow my employer to view my phone records?
Asked on Aug 01st, 2017 on Business Law - California
More details to this question:
For example, I'm a manager and others in leadership routinely text business communication. I chose not to share my personal cell number however others shared it and will text me. The company does not reimburse me for cell phone usage (but that is not the concern). if there were litigation due to an issue that was discussed by text, could plaintiff's or defense's counsel request to see all texts to determine which were business and which were personal? If so, How do you avoid this if they do not provide a company-issued alternate means of contact after regular business hours?
1 ANSWER
If there were litigation in which test messages you received or sent were relevant, they could be subpoenaed whether they were personal or business-related. However, messages which were not relevant to the litigation could not be subpoenaed, again, regardless of whether they were personal or business-related. Of course, the side seeking the records will often claim that communicaitons are relevant which the person who has the information says is not relevant, and often courts will err on the side of giving greater latitude in discovery.
Answered on Aug 02nd, 2017 at 9:56 AM