Q: Upon termination, can employer legally delete the employees personal cell phone, w/o having a written/verbal byod
Cell phone required for job (sales), company doesn't even offer company issued phone, and termination wasn't for gross misconduct, that's another issue, more than likely it is a discrimination termination. There is not even any mention of this in the company handbook. It deleted all personal info, including irreplaceable photos and videos. More devastating than the termination!
A: You are asking if someone can do something that has already been done. The real question is what, if anything, you can do about this. And the answer to that most likely will require some research on any attorney's part. We would be looking for similar cases and the outcomes of those cases, if there are any. That would be the guide to whether you even have a lawsuit against them.
A: Well, if it was their phone then they can do what they want with it. If you feel that you were terminated for a discriminatory reason you should consult with an employment/discrimination attorney.
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