Some businesses have rules about employees being on their phones while at the workplace.
There are a few potential reasons for this. For example, an employer may simply want to encourage their workers to focus on their job, or the employer may be concerned that an employee may intentionally or inadvertently share trade secrets while using their phone at work.
This makes sense in some industries. However, it can be confusing in others, as TikTok user Kelly (@k3ll.0ggun) recently noted.
In a video with over 308,000 views as of Saturday, Kelly alleges that she was fired for using her phone while off-the-clock at her job—at a thrift store.
@k3ll.0ggun #stitch with @k3ll.0ggun ♬ original sound – Kelly<3
“There was this really goofy rule that we couldn’t be on our phones, even when we clocked out and on our lunch break in the break room,” she recalls. “We have to walk out of the building to be on our phone.”
Though Kelly says she found the rule “silly and goofy,” she did not abide by it. As a result, she did not follow the rule—and was subsequently fired.
In the comments section, users agreed with Kelly’s assessment of the rule.
“That’s a weird rule for a thrift store?” a user noted. “Like I can understand some jobs having that rule like a factory or something but what secrets are they hiding.”
“U gotta be OUT THE BUILDING??? u dodged a bullet, that’s a hazard,” another added.
A few users questioned if such a restriction was even legal.
“I actually think that’s illegal a Lil bit,” wrote one user.
“If it’s an unpaid break that’s def illegal,” echoed a second.
“If you’re clocked out then you’re not working, they gotta pay for any time that your activity is restricted I’m pretty sure,” agreed a third.
So, what’s the law in this situation?
According to Yuriy Moshes, Esq., restricting phone usage while on the job is legal. However, once the employee has clocked out, either for an unpaid break or at the end of the day, they must be permitted to use their phones.
“Currently, the law makes it very clear that cell phone usage is not a personal liberty that is protected. Accordingly, an employer does have the right to limit or prohibit an employee of personal cell phone usage during company time and hours,” writes Moshes. “…However, [employees] must still be permitted to use their cell phones when they are not on the clock, such as on rest breaks or during lunch.”
On Kelly’s video, users claimed that restrictions like these were a factor in young people’s general distaste for the contemporary workplace.
“The ‘nobody wants to work anymore’ crowd are the same ones that make up bs rules like that,” offered a commenter.
“Too many jobs are too obssessed with being ‘professional’. Like chill you’re a THRIFT STORE,” shared a further TikToker.
The Daily Dot reached out to Kelly via Instagram direct message.
Update 6:30am CT June 1: In an Instagram DM exchange with the Daily Dot, Kelly says that she initially questioned the rule. However, she was told that it was “just one of the rules they have.” When she ignored the rule, “they told me they looked at the cameras and saw i was on my phone and fired me soon as I came in.”
While she says the business did not have other suspect rules of this nature, she described the boss as “weird” and says she was warned before she met him that he was “power trippy.”
Regardless, leaving the job ended up positive for Kelly.
As she puts it, “I just learned some jobs aren’t even worth the stress at all.”
