this post was submitted on 30 Jun 2024
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Malicious Compliance
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No matter what app it is, if employers require one to be used on a smartphone, they are legally obligated to provide you with a work phone. If they refuse, they are legally obligated to provide reimbursement for your personal mobile plan. This can be as simple as $5 or $10 added monthly to a paycheck, or as detailed as actual usage down to the kilobyte.
Even if it's as simple as clocking in and out. If they won't provide a phone or reimburse, they must have some other method to complete the task. Whether it be a computer or paper. Failing that, they are not upholding the law of providing you tools necessary to complete your job. Which means if they terminate you for any of the above under "not able to do your job", it is retaliation for you requiring them to do their job. You could potentially win a suit against them.
My employer provides us with a "tech allowance" as a bonus every month
It's not enough to buy a barely functional work laptop, but you can "buy a laptop" through them, and then forfeit the bonus until it's "paid off"
I'm kinda awful with money, so I pretty much need every cent I can get. That bonus goes towards keeping my head above water in the debt trap I'm in.
So my "work computer" which requires their ~~spyware~~ antivirus to be installed is a virtual machine. It's been two years and no complaints so far. Great antivirus.
Wow I didn't even know this.ty
Reimbursement for a mobile plan? If I need to use a special authenticator app to login to my work computer, and the app is fully offline (and I only need to use it at the office where I have Wi-fi anyway, if I needed it, but I don't), then what does a mobile plan have to do with anything? I could use it on a phone without a SIM card, or a tablet that can't have one.
My examples are the common scenarios. Apps typically use data. Even if in your case data isn't used, your employer is still required to provide you with the tools necessary to complete your job. It's as simple as that.
You said "No matter what app it is" which is the point of my confusion. So you actually meant "apps that use data", that's fair enough, thank you for the clarification.
Yeah, that's what I thought, that the employer is required to provide a work phone if they require the usage of an app. But you are saying they can refuse as long as they reimburse data, which doesn't even help if the app doesn't use data. How is that "refusal of a legal obligation" working?
This is the part that I'm not getting. So are they legally obligated or are they allowed to refuse like you say. It can't be both ways.
It doesn't matter if it's apps that use data or apps that don't use data. If your employer requires you to install an app on your personal phone, you can refuse. It is your legal right. If you choose to exercise your legal rights, your employer must provide you with an alternative method that doesn't involve your personal phone. Whatever they choose.
If you agree to installing a work related app on your personal phone, you must be compensated. If they refuse to compensate, you're back to square one. They must provide you alternatives.
If your employer refuses to supply you with the tools to complete your job and/or refuse to compensate personal phone use for work related reasons, they are breaking the law. If they fire you for exercising your rights, it's unlawful termination.
Here's an example: My employer started requiring 2FA for the computer logins. They wanted me to install an app by Cisco. I said no. You can provide a locked down phone that can be used for the sole purpose of 2FA. They declined as that isn't in their budget and "unnecessary". They later came back with a little keychain that's bound to my account. I press a button on the keychain and get the 2FA code. I can do my job and they did their job and gave me the tools to do so.
Ok, so it's not that they can refuse to provide a device, it's that if you voluntarily agree to use your personal device, then they have to provide compensation (for the data, etc.). Your original comment said they can refuse to provide a device, hence my confusion.
No, they can still refuse to provide a device as my original comment states. Since my employer refused to do so, they came up with an alternative without any additional input from me. They completely side stepped the app requirement by using a little key chain once they reached out to Cisco. Your employer has options. They have to find out what works best to make sure you can do the job they have hired you to do.
Ok, so they refused, but provided an alternative to the app. Makes sense!
Just look at it as wear and tear. Doesn't matter how miniscule it may be it's still eating up your storage and battery life in addition to battery charge. Sure you could charge at work too for battery charge but as miniscule as it is it's still killing your battery life.
Also, don't give corporations any leeway because they WILL take advantage of the employee given the chance. For every single rule and regulation that helps the employee someone had to spill blood to achieve it.
That's what I think, which is why I'm asking icedterminal where did they get the info that the employer can refuse to provide a phone, it doesn't seem right to me.
Maybe in their country? Weird one.