who can claim deduction on taxes

[mlindsey104]

I work for a major cell phone service provider (Sprint) through an indirect (locally owned) dealer. My local company is requiring it's employees to carry a Blackberry device with an active number to have access to sales calls and emails after normal business hours. The contract on all employee Blackberry's is in the locally owned indirect dealer's name and not under the individual employees social security number.
The owner of the local company is deducting $50.00 from all employee paychecks to cover the cost of the rate plan but not giving the employee an option to refuse the Blackberry and service. He claims that he is well within his legal right to charge the employees this cost because we (the employees) can claim the cost on our tax returns as a business expense.
If the cellular contract is in the company's name and tax id, can the employee claim these costs that are deducted from our paychecks as a business expense on our tax returns? Furthermore, is there any legal precidence for employees who are forced to do work related business after normal business hours through a Blackberry for those employees to seek compensation for that time?

 

[Michael Wechsler]

I think that when he says that you can deduct the cost as a business expense, he might be right in the same sense that it's the same as saying you're getting $50 less out of your paycheck! It's a wash.

Regarding overtime for having a blackberry, I doubt there is an issue unless we are talking about more than just a few emails and where you need to be on call.

I'm guessing that you're not too thrilled with the work conditions at your company and with these little items I don't blame you. Good luck...

 

[mlindsey104]

Thank you for your first reply. Now same employer is changing compensation structure from salary plus commission to hourly plus commission (this is a severe paycut with the allimination of benifits). Is there such a thing as a "forced resignation" clause that would allow me to claim unemployment if I cannot afford this paycut?

 

[spikegomez]

I guess i can't answer you with your question, but me too i have a question about deduction of taxes.. May be i'm wrong, so please correct me if i'm wrong, do the company have a share in every employee on their taxes?

 

[Michael Wechsler]

Thank you for your first reply. Now same employer is changing compensation structure from salary plus commission to hourly plus commission (this is a severe paycut with the allimination of benifits). Is there such a thing as a "forced resignation" clause that would allow me to claim unemployment if I cannot afford this paycut?

I don't know your state but every state has rules regarding pay cuts that allow you to quit and obtain partial unemployment benefits. What does "not afford this paycut" mean? If you're getting paid at least minimum wage, it's not illegal.