Is it a manager allowed to take my phone without letting me know?

[Alex Matei]

I have my phone , car key and wallet all in the same place, i left them  behind the bar and go to the bathroom.

When I come back I realise my phone has disappear (the bar has been empty no customers)

 

I  go to the office and ask the managers if they took my phone, to know is it in they hands or someone steal my phone.

All of them they said no (there are three) and one of them she said this will be a lesson for me to don't come with my phone.

 

I do understand and i ask them if they can have a look on the cctv and they refuse.

I go back to the bar and i ring my phone three times,  the last time when i try to ring the phone has been switch it off.

 

I report this incident to the police.

the next day I call them to see if they have my phone, the answer it was no.

 

After few days I receive an email from HR to let me know she has my phone.

So the GM sneak into the bar and took my phone without letting me know,  

and then he said he found my phone and after he said he is allowed to confiscate my phone!

[honeybee13]

Hello and welcome to CAG.

 

This sounds odd. Are you talking about your personal phone or a work one please? I'm not sure if that makes a difference.

 

Did the GM have any reason to take your phone?

 

Best, HB

[Alex Matei]

My personal phone, i do get a warning to not use the phone!

 Thank you!

[honeybee13]

Thank you. I'm not sure what you mean about you do get a warning not to use the phone.

 

Could you tell us more about that please?

 

HB

[Alex Matei]

Ok, so i've been caught on my phone by the GM and the next day i get a warn from the HR to not use the phone again at work, which i didn't but he end up by taking my phone while i was at the bathroom.

[honeybee13]

Right, so if I've understood this you work in a bar? And they seem to have told you not to take your phone to work?

 

If you have a staff handbook, can you tell us what it says about phones at work please.

 

HB

[Alex Matei]

Yes i work in a bar, and the staff handbook says no phone  to being use during the shift and kept in a looker, but i don't get one. But anyway, i get that they can confiscate my phone and put in a safe place, at the end of the day i didn't get it back and no one didn't tell me nothing for few days. And when i ask to see to cctv they refuse and when i spoke with the GM he told me is not cctv in the Bar which is not true . 

[fkofilee]

I can understand your frustrations. I would say based upon what youve told us - It goes beyond what would be considered acceptable treatment of a worker.

They cant take the phone in the way that they did. The fact that you had to report it to the police is completely unacceptable IMHO.

 

They really only have the right to tell you not to use your phone. They dont actually have the right to confiscate it from you.

But they do have the right to ask you to leave it in a secure location like a locker etc or ask you to switch it off. 

 

Financial Orgs have rules like that in place to protect customer data etc.

[honeybee13]

The thing is, fk, the OP doesn't have a locker as I understand it.

 

HB

[Alex Matei]

Yes , they don't have a locker and they don't have a changing room... 

fkofilee  I do understand they point on not use the phone, but the way they take my phone blow my mind. they could just suck me. Or they could told me they have my phone so I can have a peas of mind my phone is it with them and by the end of the day just return it back to me. But what I found out from police this is stealing.

[BazzaS]

It isn’t stealing (theft) if there is no:

a) dishonest

b) intent to permanently deprive.

 

Their behaviour was poor. It may or may not have been dishonest, but they’ll claim there was no intent to permanently deprive, that the phone went to HR to be returned to you.

 

 

[Alex Matei]

Well the phone doesn't have turned to me.

My phone has been switch it off. No one is allowed to look into your phone without your permission! 

I think .....the GM has something personal with myself....  he want to show off is he the boss.

 

[honeybee13]

Hi.

 

Are you saying that HR didn't give the phone back? I'm not sure I've understood.

 

HB

[Alex Matei]

yes

[honeybee13]

Have you asked them why you can't have it back?

 

HB

[ericsbrother]

have you got your phone back yet?

If not then it will be theft as they clearly intend to deprive you of it. you can also seek compensation for loss of amenity but the problem is by enforcing your rights in one area you risk losing your job