| We are reading a lot these days about restrictions | | | | them when they leave. Your policy should state that |
| and liabilities for drivers using cell phones while driving. | | | | your company exclusively owns the telephone |
| This got me thinking: am I taking a risk because our | | | | numbers, not the employee. Why? If the employee |
| company employees travel daily and use cell phones | | | | leaves your company, many of your key customers |
| for company business? What if they got into a serious | | | | may still be contacting them on that phone number |
| accident while using their wireless device to conduct | | | | (possibly at a new competing job) for similar goods |
| company business (distracted driving). Would my | | | | and services! Believe me, this happens all the time, and |
| company be liable for damages? | | | | it is a real problem. |
| According to several industry legal sources, yes; that is | | | | Many employers simply reimburse their employees for |
| a very real possibility and many companies are | | | | business usage of the employees' personal mobile |
| suffering large financial losses. States have different | | | | telephones, without thinking about the critical company |
| laws that address cell phone use while driving. Since | | | | vehicle that the cell phone represents. Its loss could |
| many companies have locations in multiple states, it is | | | | negatively impact your business. Therefore, I most |
| advisable for them to institute a company-wide policy | | | | often recommend that your cell phone policy should |
| that discourages cellular phone use while driving -- | | | | state that the wireless device and the number belong |
| across all geographies -- period. As a | | | | exclusively to the company and that the employee |
| telecommunications consultant, I often write corporate | | | | must turn in the equipment upon termination of |
| mobile phone and wireless policies for my clients. This | | | | employment. |
| is yet another great reason to have one in place. | | | | Employees should understand that cellular phones and |
| However, there are several other reasons that | | | | wireless data devices are controlled not by them, but |
| companies should have a comprehensive corporate | | | | by a company-authorized employee who is the only |
| wireless policy. | | | | person authorized to order devices, assign plans, |
| A good cell phone policy not only covers this kind of | | | | manage devices and the like. This will preclude |
| newer liability issue, it also covers many other legal and | | | | complete chaos in tracking and prohibit employees |
| financial challenges that might cause you problems. For | | | | from ordering whatever services they want. |
| instance, there is an IRS guideline that requires | | | | Another mobile device issue is liability for damage. A |
| company cell phones and wireless data devices to be | | | | good wireless policy also stipulates responsibility for |
| used only for business purposes; otherwise, personal | | | | lost or intentionally or accidentally damaged phones |
| use of these devices must be claimed as a taxable | | | | and how to report problems. This will prevent |
| benefit. Your company could be penalized and audited | | | | confusion and help keep costs under control. |
| for non-compliance of this rule. | | | | Once you have a company cellular phone policy in |
| Make sure there are provisions in your wireless policy | | | | place, make sure you read and discuss it thoroughly |
| for business and personal use. Should your employees | | | | with all of your new and current employees. Have |
| be allowed to use your company's cell phones in an | | | | them sign the policy to ensure that they understand |
| emergency? Probably so; however, you must make it | | | | the information contained within. Be sure to provide |
| clear as a matter of policy what is allowed and what | | | | employees with a copy of the wireless policy and |
| is not. A good cell phone policy will clearly show your | | | | include a statement in the language of the signed |
| managers and employees the company-wide rules for | | | | policy that the employee has been given a copy. This |
| wireless usage to avoid some managers making their | | | | will help minimize your company's liability for any legal |
| own decisions. | | | | issues that may arise. The cell phone policy should be |
| Another problem that cell phone bill auditors see today | | | | a required part of your company's new employee |
| is that of ownership of company cell phone numbers. | | | | orientation. |
| This is a particularly thorny issue for companies that | | | | Also include a cell phone bill audit each year to ensure |
| have personnel in critical sales jobs or employees who | | | | that you are taking the best advantage of wireless |
| have cellular contact with key customers or enterprise | | | | promotions and plans. |
| accounts who take company mobile numbers with | | | | |