Advisories & Insights

Many employers provide cell phones to their employees or expect employees to use their cell phones to do work while out of the office and out of town. This fact has not been lost on plaintiff's attorneys. Employers are now being sued routinely when an employee has an accident caused in part by the fact that they were on their cell phone while driving. In one reported case a large investment house paid $500,000 to settle a claim that its employee killed a motorcyclist while the employee was making work-related calls after hours on his own personal phone. A jury ordered another company to pay $21 million when a salesman killed another motorist while making calls on his way to a sales appointment.

This is the time to update your employee manual to contain cautionary language about cell phone use, if you have not already done so. Having language in your handbook about appropriate cell phone use – and emphasizing that cell phones are not to be used while driving for work-related purposes – is one tool that employers have to minimize the risk of a costly lawsuit. Particularly if your company provides cell phones to its employees or reimburses employees for cell phone charges, your handbook should clearly lay out the company's expectation that employees will put safety first when using cell phones.

Bullivant Houser Bailey PC's Employment Law team assists clients with employment issues including litigation, training, and daily human resources management services. Please contact any member of our employment practice group if you would like assistance in reviewing your employee handbook's language on cell phone use.