A California woman has filed a lawsuit over claims that she was wrongfully terminated and retaliated against for deactivating an application on her phone that monitored her movements.
As we reported earlier this year, the case involves Intermex Wire Transfer LLC, which allegedly requested that all employees download an application called Xora onto their cellphones. The application allows employees to create electronic timecards. However, it also contains a GPS tracker, which can track the exact location of a person who is utilizing the phone.
When employees at Intermex questioned the use of the GPS, they were allegedly told that they could be monitored at all times, even when they were off duty. One supervisor allegedly bragged about being able to use the GPS feature to track employees and told the plaintiff involved in the lawsuit that he could monitor her vehicle speed.
The employee said that she objected to the company tracking her during her off-the-clock activities and after she made her concerns known, she deactivated the application and was terminated. The lawsuit claims that Intermex violated California labor laws, promoted unfair business practices and wrongfully terminated the plaintiff in violation of public policy.
If I Voice Displeasure at Work, is My Employer Allowed to Terminate Me?
Aside from the alleged privacy violations, which we discussed in the previous blog post, this case also involves claims of alleged workplace retaliation. In California, workers who report or participate in investigations involving alleged instances of illegalities have legal rights. These protections are provided to those who voice displeasure over violations of employee rights, which may be made to corporate officials, to the media or to government agencies.
If a company demotes or fires an employee who reports an illegal activity, it may be held liable for workplace retaliation or wrongful termination. By filing a lawsuit over these claims, an employee or ex-employee can seek back pay, in addition to damages. If you believe that your employer has violated workplace retaliation laws, speak to our Los Angeles labor attorneys, who can investigate your case and explain if you have grounds for lawsuit.
You can contact us by using the request form or phone number located on this page.
Kesluk, Silverstein & Jacob– Los Angeles employment attorneys