Worker fired for disabling GPS app that tracked her 24 hours a day

[twomp]

A Central California woman claims she was fired after uninstalling an app that her employer required her to run constantly on her company issued iPhone—an app that tracked her every move 24 hours a day, seven days a week.

Plaintiff Myrna Arias, a former Bakersfield sales executive for money transfer service Intermex, claims in a state court lawsuit that her boss, John Stubits, fired her shortly after she uninstalled the job-management Xora app that she and her colleagues were required to use. According to her suit (PDF) in Kern County Superior Court:

After researching the app and speaking with a trainer from Xora, Plaintiff and her co-workers asked whether Intermex would be monitoring their movements while off duty. Stubits admitted that employees would be monitored while off duty and bragged that he knew how fast she was driving at specific moments ever since she installed the app on her phone. Plaintiff expressed that she had no problem with the app's GPS function during work hours, but she objected to the monitoring of her location during non-work hours and complained to Stubits that this was an invasion of her privacy. She likened the app to a prisoner's ankle bracelet and informed Stubits that his actions were illegal. Stubits replied that she should tolerate the illegal intrusion…..

http://arstechnica.com/tech-policy/2...4-hours-a-day/

[Anti Federalist]

Oh boy, this is gonna be great...

[VIDEODROME]

Could it be turned off or put into a box to shield against the GPS signal during off hours? I would have tried to spoof the system.

[CPUd]

They will try to settle with her, especially if it is true someone at the 2nd company called the first one and got her fired from there, too.

Could it be turned off or put into a box to shield against the GPS signal during off hours? I would have tried to spoof the system.

Form the filing, she says they required her to keep the power on, and possibly treated as if she were on call.

[Anti Federalist]

Could it be turned off or put into a box to shield against the GPS signal during off hours? I would have tried to spoof the system.

http://www.amazon.com/Anti-tracking-...ds=faraday+bag

[tod evans]

Leave the company issued phone at the company at the end of the day.........

[CPUd]

She claims the company required her to keep it on and with her to be available to clients.

[tod evans]

She claims the company required her to keep it on and with her to be available to clients.

Wonder if she agreed to those terms before hiring on?

[CPUd]

Wonder if she agreed to those terms before hiring on?

If her claim is true, probably not completely. She had the phone about 2 months before they made her install the app. That part they may be covered on, since the phone is company property. The tracking 24/7 is up for debate, but (again, based on her claim) the way the company handled her questions and what they did to her afterwards, they left themselves wide open. It's on the same level as asking an employee heir age, sexual orientation, religious preference, ...

[JK/SEA]

they did her a favor firing her. Don't look back.

[satchelmcqueen]

i had a company phone in pest control but i left it at home when i got off work. never an issue. its company property so she should have just left it on the table at work or home. prob solved.

[juleswin]

I think we should all be very afraid if this woman wins her case. Just as long as it didn't violate any contract signed with the plaintiff which doesn't seem to be her argument.

[69360]

The company was well within it's rights to fire her. She has no case.

[Sola_Fide]

The company was well within it's rights to fire her. She has no case.

I tend to agree. If there was a contractual agreement upon accepting the job, then she has no case. I would LOVE if I could track my sales director and some other ones at my work.

[presence]

Do this if you want to get paid. Else gtfo. Pretty simple.

[specsaregood]

The company was well within it's rights to fire her. She has no case.

I disagree. The guy went over the line when he went all stalker mode bragging to others about her behavior outside the office. I think she has a case. He is lucky he isn't facing a sexual harassment suit. The guy is a moron and needs more hr training.

[asurfaholic]

To me it just boils down to whether or not she had full awareness of the gps tracking requirement and consented to it prior to her taking the job. Sounds like she wasn't aware that it was tracking her outside of her working hours, but that is probably what is in dispute. Who knows if she is just upset that the guy was bragging about how much he knew about her personal life, and that struck a chord, or if she honestly had no idea the tracking went so deep.


Hard to come to a judgement on the Internet only hearing one side of the story and probably getting a sensationalized version at that.

[CPUd]

To me it just boils down to whether or not she had full awareness of the gps tracking requirement and consented to it prior to her taking the job. Sounds like she wasn't aware that it was tracking her outside of her working hours, but that is probably what is in dispute. Who knows if she is just upset that the guy was bragging about how much he knew about her personal life, and that struck a chord, or if she honestly had no idea the tracking went so deep.


Hard to come to a judgement on the Internet only hearing one side of the story and probably getting a sensationalized version at that.

The phone didn't have the app on it when she was first hired. It was about 2 months later when she claims they had her install it. She uninstalled it some time after when she found out it was tracking 24/7.

[DamianTV]

http://arstechnica.com/tech-policy/2...4-hours-a-day/

"This intrusion would be highly offensive to a reasonable person," lawsuit says.

A Central California woman claims she was fired after uninstalling an app that her employer required her to run constantly on her company issued iPhone—an app that tracked her every move 24 hours a day, seven days a week.

Plaintiff Myrna Arias, a former Bakersfield sales executive for money transfer service Intermex, claims in a state court lawsuit that her boss, John Stubits, fired her shortly after she uninstalled the job-management Xora app that she and her colleagues were required to use. According to her suit (PDF) in Kern County Superior Court:

After researching the app and speaking with a trainer from Xora, Plaintiff and her co-workers asked whether Intermex would be monitoring their movements while off duty. Stubits admitted that employees would be monitored while off duty and bragged that he knew how fast she was driving at specific moments ever since she installed the app on her phone. Plaintiff expressed that she had no problem with the app's GPS function during work hours, but she objected to the monitoring of her location during non-work hours and complained to Stubits that this was an invasion of her privacy. She likened the app to a prisoner's ankle bracelet and informed Stubits that his actions were illegal. Stubits replied that she should tolerate the illegal intrusion…..

Intermex did not immediately respond for comment. (Of course not)

The suit, which claims invasion of privacy, retaliation, unfair business practices, and other allegations, seeks damages in excess of $500,000 and asserts she was monitored on the weekends when she was not working.

...

(Full article on link)

Is she an Employee, or Property? Finding this type of tracking "highly offensive to a reasonable person" should be peoples reaction to ALL forms of surveillance.

[specsaregood]

duplicate thread

[jbauer]

I'd say if she was required to carry the iphone with her on or off the clock that she might have a good case. If however, she had the right to leave it at home or put it in a cell phone blocking bag that might have been the way to go.