Are workplace bans on personal cellphone use a violation of civil rights?

[adjusterjack]

I've made up my mind. If it happens again, I'm threatening to go to management. If she still disregards my wishes, I will go to management.

One more time and you'll only threaten?

Another time after that, then you'll go to management?

Well, she's already pegged you for a wuss.

Some day when she's confronted by management she's going to say that you allowed her to use her phone all that time and she had no idea it was a rule. Then you'll be gone and she'll have your job.

Report her NOW while you may still be able to salvage your job.

 

[GoodWorker32]

In that case, you really do need to inform upper management of her violations if they continue since this is now more than just a productivity issue. Now it's an issue also of risking leaks of sensitive information, whether it's the company's or the client's. That also ups the risk for her that UI benefits would be denied. When I worked for the IRS it had a similar rule for employees working in sensitive areas where taxpayer information was safeguarded; no cameras of any kind, including those on cell phones, were allowed in those areas. Employees caught violating that rule were subject to termination, and those who were terminated for it didn't get federal unemployment benefits, at least in the states where I worked (federal employee unemployment benefits are paid by the feds but administered by the states using the applicable state rules). This wasn't surprising because risking improper disclosure of taxpayer data is a huge deal and easily qualified as willful misconduct in every state I'm familiar with.

It's worth mentioning she has my personal number. Anything she wants to show me on her phone could always be sent to me outside of work. Even without the policy, there's literally zero reason for her to be showing me stuff on her phone while I train her.

One time as a social cue, I told her "If there's ever a picture of your dog you really want me to see, feel free to text it to me." The social cue went over her head. She immediately reached for her phone and said "You wanna see?" When I reminded her of the policy, she said "They can fire me." (she said it in a snarky way, like she didn't believe they'd really fire her for showing a picture of her dog)

Here's what she doesn't seem to understand: The fact that she's "only" doing this or "only" doing that with her phone is irrelevant. Management doesn't want her phone in her hand (or even on her desk) for any reason. Management doesn't know (or care) that she's "only" showing coworkers a picture of her dog.

 

[GoodWorker32]

One more time and you'll only threaten?

Another time after that, then you'll go to management?

Well, she's already pegged you for a wuss.

Some day when she's confronted by management she's going to say that you allowed her to use her phone all that time and she had no idea it was a rule. Then you'll be gone and she'll have your job.

Report her NOW while you may still be able to salvage your job.

HR stresses the rule with everyone during their onboarding on day one. There's no way management would buy it if she said she had no clue it was a rule. In fact, you even have to sign a list of workplace rules on day one. The first rule on the list is the phone policy...and it's in big bold letters.

Everyone's style is different. I've never been one to purposely get anyone in trouble (whether at work or outside work). When she's not on her phone, she's good at the work I'm training her on. I don't want to get her fired...I just want her to start obeying the employer's phone policy.

As I'm not a manager, therefore have no authority over her, she refuses to respect my wishes. Threatening to go to management might be the kick in the pants she needs to finally get in gear.

 

[retic]

Everyone's style is different. I've never been one to purposely get anyone in trouble (whether at work or outside work). When she's not on her phone, she's good at the work I'm training her on. I don't want to get her fired...I just want her to start obeying the employer's phone policy.

As I'm not a manager, therefore have no authority over her, she refuses to respect my wishes. Threatening to go to management might be the kick in the pants she needs to finally get in gear.

She needs a stronger kick in the tail than you can give her which is why it's now time for you to go to her supervisor. As AJ pointed out, her behavior can negatively affect your employment so you need to cover yourself.

If you need to feel better about it, report it in the context of her overall progress. State that she's a good employee, productive, fast learner, etc. etc. etc. but on she has a problem with the cell phone usage and management needs to address it since you have no authority over her.

 

[adjusterjack]

You are really not getting it. You are risking your job by not reporting her to management. Does somebody have to beat you on the head with a stick to get through to you?

If you need to feel better about it, report it in the context of her overall progress. State that she's a good employee, productive, fast learner, etc. etc. etc. but on she has a problem with the cell phone usage and management needs to address it since you have no authority over her.

Retic makes a very good suggestion that you would be wise to follow.

 

[cbg]

I've made up my mind. If it happens again, I'm threatening to go to management. If she still disregards my wishes, I will go to management.

No. This is coming to you from 40 years in some form of HR management. Do not wait for another instance. TOMORROW, or the next day you work, do not pass go; do not collect $200. Go DIRECTLY to HR as soon as you report to work, and tell them exactly what you're telling us here. Do not give her another warning. You've done plenty of that.

It was one thing when it was just a newbie flouting the rules. You could afford to put it off then. It became another thing when you told us sensitive information was involved. You cannot afford to keep giving her more chances. The longer you wait, the more your own job is in jeopardy. No more Mr. Nice Guy. No more second chances. You act NOW.

Be prepared for her to claim you never told her anything. You want to get your side of the story on record well in advance. What happens if tomorrow, a manager comes by and witnesses her using her phone in violation of the rules? Do you think she's going to admit you told her not to?

Protect yourself. Get the report on record.

And if she gets unemployment, so be it. That's not your concern.

 

[GoodWorker32]

I have a friend who works for a law firm which often deals with cases of national import. You've read about at least one case they handled in history class. They are working remotely right now (still) and those employees who have any kind of AI device (Alexa, etc.) are told they have to turn them off during work hours - that's how careful they have to be with sensitive information.

Probably half of the employees at my workplace work remotely due to the pandemic. Seeing as a sizable chunk of employees (at my work at least) have a hard enough time following the phone policy in the office, I don't buy for one minute they refrain from using their phone during work-from-home (I'm not stupid).

When you're in a line of work where secrecy is a top priority, it's rather naive of an employer to trust their staff to follow protocols at home. Quite frankly, I don't think workers should be permitted to work from home when it comes to handling sensitive information.

As for the original topic of this thread, some of the posters have made a good point. Now is the time to go to management before things get out of hand. Management has a strict policy about keeping complaints confidential. If my trainee suspects I was the one to tell management, I could basically tell her "Listen. I've told you about the phone policy multiple times. You always blew me off. It reached the point where I had to go to management before your phone habits got me disciplined."

 

[cbg]

Which is why I told you (post 46) to tell management TOMORROW without waiting for another instance.

 

[Red Kayak]

I don't want to get her fired...I just want her to start obeying the employer's phone policy.

She's already made it abundantly clear that she's not going to abide by any policy but her own.

Stop being a fool.

 

[GoodWorker32]

Which is why I told you (post 46) to tell management TOMORROW without waiting for another instance.

I will. You (along with some other posters) have convinced me.

On a related side note...As I walk through the room at work, it's alarming how many employees I see disobeying the phone policy. The woman this thread is about is the only instance where it could affect me...but it's shocking the lack of respect the typical employee has for the policy.

 

[welkin]

I will. You (along with some other posters) have convinced me.

On a related side note...As I walk through the room at work, it's alarming how many employees I see disobeying the phone policy. The woman this thread is about is the only instance where it could affect me...but it's shocking the lack of respect the typical employee has for the policy.

However shocking it is nobody made you the enforcer on cell phone policy. If you see the abuse then so does managers, supervisors, and upper management who by the way probable use their phones all day long.

Unless you are willing to report everyone you see using a phone during work, I would say tell the woman to put her phone away if she takes it out during training and no more.

If this company was so concerned about a breach they wouldn't even let cell phones into the building. But they do.

The company I was working for before COVID didn't allow phones in the production part of the plant. The production staff had to lock up their phones in their lockers or leave them in their cars. They could only use them during their breaks and outside of the building. Not so for management.

 

[GoodWorker32]

However shocking it is nobody made you the enforcer on cell phone policy. If you see the abuse then so does managers, supervisors, and upper management who by the way probable use their phones all day long.

Unless you are willing to report everyone you see using a phone during work, I would say tell the woman to put her phone away if she takes it out during training and no more.

If this company was so concerned about a breach they wouldn't even let cell phones into the building. But they do.

The company I was working for before COVID didn't allow phones in the production part of the plant. The production staff had to lock up their phones in their lockers or leave them in their cars. They could only use them during their breaks and outside of the building. Not so for management.

I've already gone to management. I went first this this morning per the advice of numerous posters.

It's true no one made me the code enforcer. That's why I don't say anything in the vast majority of cases. My trainee's behavior is an exception though, as I'm kind-of responsible for her. And she wouldn't listen to me no matter how many times I told her to refrain from using her phone. I had to go to someone with actual authority.

You're right, management must notice how often the phone policy gets broken. Even though they say we can get fired over it, the most I've ever heard a manager do when they catch an employee is speak to the employee.

If they're going to be lax about enforcing the phone policy, they should really scrape the policy entirely. All it does is put the associate in an awkward position when our trainee disobeys the policy.

Even if most managers are lenient, there's always a chance a strict manager could catch my trainee on her phone one day. At least if this happens, it will now be on record that I brought up this issue with our boss.

 

[welkin]

Please let us know what happens next if anything.

 

[GoodWorker32]

Please let us know what happens next if anything.

I was told she won't get fired but she'll get spoken to.

Seeing how many employees around the office continue using their phones after getting "spoken to," obviously getting "spoken to" is not an effective deterrant. Oh well, all I care about is the fact that management knows I'm not the one encouraging her to use her phone.

 

[army judge]

management knows I'm not the one encouraging her to use her phone.

You probably saved your hide.

 

[GoodWorker32]

You probably saved your hide.

All's well that ends well. It's sad it had to come to this though.

If she really thinks the phone policy is stupid/a civil rights violation, she should have voiced her concerns with management on day one. Complaining to me every time the topic came up certainly wasn't going to accomplish anything.

 

[welkin]

management knows I'm not the one encouraging her to use her phone.

In what respect would you have been encouraging her to use her phone? It sounds like you were discouraging her from using her phone. Isn't that what you really meant?

Complaining to me every time the topic came up certainly wasn't going to accomplish anything.

And what you did accomplished nothing except to put a big red flag on your forehead for management to see.

 

[Tax Counsel]

And what you did accomplished nothing except to put a big red flag on your forehead for management to see.

That depends very much on the attitude of management about such things, which of course we don't know. Not every company's management is the same, after all.

 

[GoodWorker32]

In what respect would you have been encouraging her to use her phone? It sounds like you were discouraging her from using her phone. Isn't that what you really meant?



And what you did accomplished nothing except to put a big red flag on your forehead for management to see.

Correct, I discouraged her from using her phone. However, another poster mentioned it's only a matter of time until management catches her using her phone. When she gets caught, the first thing out of her mouth would likely be "But my trainer lets me use my phone all the time."

At least now she won't be successful if she attempts to throw me under the bus. After my trip to our manager's office on Monday, it's now on record that I'm NOT ok with her blatant disrespect of the phone policy.

 

[adjusterjack]

Now that we know that you have safely covered your butt I don't think anybody will object to me closing this thread.