I worked for a company for over 2 years. During that time frame I was given a cell phone for both personal and business use. I was recently laid off of work due to lack of work. However, I am currently in a crucial situation with my immediate family where I need to show proof of my phone record for one specific contact number during a specific time frame. It is crucial that I provide this information to my family otherwise, it may result in a major negative life change. I requested a telephone record from my previous employer from the specific time frame and they are declining my request. Can I legally request a record of that specific number considering the number was solely used by me for 2 years and was used for both business and personal? Ive been out of work by them for 1 month.
Employment / Labor Attorney
You should hire an attorney to assist you. You would be surprised how much more responsive companies are to letterheads.
Herbert Tan, Esq.
The National Newark Building
744 Broad Street, 16th Fl.
Newark, New Jersey 07102
(973) 735-2681 (W)
(973) 735-2682 (F)
305 Broadway, 14th Floor
New York, New York 10007
Member of National Employment Lawyers Association (NELA)
Employment / Labor Attorney
Your former employer has no legal obligation to turn over your phone records to you, unless there’s a court order issued ordering them to turn them over to you. An experienced attorney can advise you on the process of obtaining a court order.
It would be better to try and obtain the phone records without having to get the court involved, and it would be less expensive, as well, for you.
If the phone bills came to you, were in your name, and you paid them (and then the employer reimbursed you for the business related calls), then contacting the phone carrier directly and asking for the procedure to obtain past phone records, and enquiring what the fee is for producing the phone records, is the first step.
Depending on the phone carrier, some records may not be available after a certain date, i.e. some phone companies only maintain records going back so far.
If the records are available, some companies require a release to be signed, and some companies require a subpoena to be issued. An experienced attorney can assist you with this whole process.
Finally, if you wish, an attorney can go over your termination, to ensure that you were not terminated in violation of any rights.
-Denise K. Bonnaig, Esq.
I agree, your employer has no legal obligation to turn over these documents. I am sorry.
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