In a story generating national attention, a California woman has filed a lawsuit against her former employer after she claims she was fired for deleting a tracking application from her phone.
According to Mashable, the woman said the application allowed her employer to monitor her whereabouts, even when she was not working. In her lawsuit, Myran Arias of Bakersfield said that Intermax, a money transfer company, required her to download the application, which tracked her on weekends and other times she was off the clock.
Arias lawsuit seeks damages for the invasion of privacy, retaliation, violation of California’s labor code and wrongful termination. She claims that she was first instructed to download Xora in April 2014. Xora allows businesses to track employers who work remotely by “keeping track of their hours, paperwork and other aspects of their job.”
The application allegedly allows employers to see the location of every mobile worker using Google Maps. A manager with Intermax allegedly bragged to workers that he could track employee movements and told Arias that he even knew how fast she was driving when she was off the clock.
This allegedly led to Arias removing the application. She was later “scolded” by a manager and eventually fired a few weeks later.
Should I Speak to an Attorney About Invasion of Privacy?
This is an alarming case—it is not uncommon for employers to use tracking devices to monitor employees who may have positions that require them to drive routes or work remotely, but there is an expectation of privacy that must be upheld, especially when an employee is not clocked in or not using a company vehicle.
If you have experienced issues like this, you should contact a labor attorney and explain your situation. A lawyer will be able to explain if you may have grounds for lawsuit. Additionally, if your employer fires you without a good reason, you may be able to file a wrongful termination claim.
If you are having difficulties at work including harassment or retaliation, or you believe you have been wrongfully terminated, our Los Angeles labor attorneys offer free consultations. This means you can learn about your legal options without having to pay.
You can reach our office by using the review form located on the side of this page or by calling the number listed above. Keep following our blog for Los Angeles employment law news.
Kesluk, Silverstein & Jacob– Los Angeles employment attorneys