Legal Question in Business Law in Maryland

Misuse

An employee of mine uses a company cell phone and was told it was for company use only. They have improperly used the phone and made over 1500 hours of cell minutes in one month calling their friends and forgetting to turn in the phone at the end of the day and taking it home and still using it in the evening while at home. Has this person done a criminal act of stealing from the company. The bill for just that cell phone was over 500.00 in one month. Plese help. What can I legally do?????


Asked on 11/22/05, 10:46 pm

1 Answer from Attorneys
Richard S. Stolker Uptown Law, LLC

Re: Misuse

Assuming that the company's policy was crystal clear about the purposes for which the cell phone was to be used, then using it for personal purposes, not the employer's business, is theft of services, legally speaking.

While this could be reported to the State's Attorney's office for prosecution, given the amount in question ($500) and the time needed to pursue the prosecution and testify in court, I would question whether that's a worthwhile expenditure of time and effort.

Discharging the employee for cause seems justified. On the other hand, if the misuse of the cell phone was a one-time act of irresponsibility by a generally trustworthy employee, demanding that the employee pay back the unauthorized cell phone usage, perhaps over a few months, might be a better solution.

I hope this information is helpful.

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Answered on 11/23/05, 9:11 am


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