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Woman Allegedly Fired for Deleting App That Let Her Boss Track Her Movements 24/7

canada-man

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Jun 16, 2007
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canadianmale.wordpress.com
https://www.yahoo.com/tech/a-california-woman-claims-she-was-fired-for-118711413499.html

A California woman is suing her former employer after she claims she was fired for uninstalling a smartphone app that let her boss track her movements 24 hours a day, 365 days a year.

According to Ars Technica, which obtained a copy of the complaint, Myrna Arias worked for the Intermex wire transfer service when she says her boss, John Stubits, fired her for deleting the Xora (now ClickSoftware) job management app from her smartphone.

In the suit Arias claims that the app allowed Intermex and Stubits to track her movement whether she was working or not.

Arias said that when she and her fellow employees asked Stubits if he could track them when they weren’t working, 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 had installed the app on her phone.”

According to the suit, Arias didn’t have a problem with the app tracking her while she was working, but didn’t want it doing so when she was off. Doing so, Arias said, amounted to an invasion of privacy.

Xora, the app that Arias complained about, tracks and manages mobile employees while they’re in the field.

Arias said she is seeking payment for lost wages and punitive damages.

We reached out to Intermex, and will update this article when we receive a response.

The proliferation of smartphones and our always-connected culture have given rise to a number of privacy issues and complaints. Social media users continuously argue that Facebook and Twitter regularly invade users’ privacy, while similar allegations have been made against major smartphone makers and websites.

The difference here is that Arias was required to install an app on her handset by her employer, something more and more companies require their workers to do in order to protect corporate data stored on their smartphones.

Do you think Arias should have been fired for not using the app, as her suit alleges? Should employers be able to track workers when they’re not on the job? Sound off in the comments.
 

Frankfooter

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Apr 10, 2015
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The difference here is that Arias was required to install an app on her handset by her employer, something more and more companies require their workers to do in order to protect corporate data stored on their smartphones.
The company should have supplied their own phone for her to use, if they required her to use that app.
Then she could leave the phone at the office and not worry about it.
 

glamphotographer

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Nov 5, 2011
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I know being a Boss is about being in control but this going way too far. That app is a new form of 21st century slavery.
 

oldjones

CanBarelyRe Member
Aug 18, 2001
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The company should have supplied their own phone for her to use, if they required her to use that app.
Then she could leave the phone at the office and not worry about it.
Sure they should have, but there are likely as many or more employees who would consider it burdensome to have to manage two phones, and a convenience to be 'authorized' to use their own phone at work whenever it suited them. An off-on timer function in the app should have kept both parties happy enough, but everyone's a software beta-tester now.

All part of the neverending seesaw of managers and workers negociating how their shared work should function. Every now and then, play stops while the referee decides.
 

JohnHenry

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Aug 27, 2003
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She should ask for a company phone with the app installed, then call forward that phone to her pepersonal phone and leave the company phone in her desk.
 

nottyboi

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May 14, 2008
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Stupid girl, she could have just shut off the mobile data or disabled the GPS...maybe she was fired for being stupid lol.
 

Aardvark154

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Jan 19, 2006
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By the way has anyone mentioned that she was a traveling sales representative which is why the company was interested in how she spent her time on the job.
 

superstar_88

The Chiseler
Jan 4, 2008
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It is part of the job. If she didn't like it then don't do the job.
 

asuran

SB destroyed
May 12, 2014
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Yup. Should have a work phone and private phone and just swap in and out the sim card every morning and after work.
A little bit of hassle but everyone would be happy.

The company supplying the phone would be really nice.

I'm sure everyone has upgraded their phone. Unless they gave away, sell or traded their old one in, they'll have one laying around.
I'm still using my old S2 at home as a sort of mini tablet for games. LOL
 

IM469

Well-known member
Jul 5, 2012
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It is part of the job. If she didn't like it then don't do the job.
I agree to this during company hours. Fleet & delivery trucks are already tracked. Off hours - the boss should be charged with invasion of privacy - it shouldn't be like he is tracking his slaves.

I like the idea of him tracking your location to his wife's bedroom.
 

benstt

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Jan 20, 2004
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Note the bring your own device trend is getting lights to go off in some execs heads. They would love to get rid of company phones and make everyone BYOD, but you run into issues like this.
 

oldjones

CanBarelyRe Member
Aug 18, 2001
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Interesting. The article I originally read stated that it was a company-owned phone:

http://www.foxnews.com/tech/2015/05/12/fired-worker-sues-company-over-24-7-tracking-app/

That's a big difference.

KK
Re-reading: It clearly was a company supplied phone. It is also clear the company required the app. It is unclear whether the company required her to carry their phone, powered up, at all times. That would be a term of employment that should have been discussed and agreed to during the hiring process. Imposing it after the fact with a threat of termination would definitely be an unjust and unfair practice, but it will be up to the Court top decide if it's unlawful, or entitles her to damages.

I've experienced both the BYOD (and the company comps you) and company phone (and you can take personal calls) in my freelancing. Neither will ever be perfect, but both work if the parties are reasonable about it. The difficulty here would seem to lie with the employer insisting on tracking the employee in hours she wasn't being paid to work. The tracking's touchy enough, but why couldn't the employer accept that the phone stays off or in a drawer during unpaid time? Unless a 'free company phone' was part of the pay package, in which case why did the employee accept it? Was the tracking secret?
 

SkyRider

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Mar 31, 2009
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I think the TDSB recently installed GPS on the trucks of their work crews. Maybe the crews were frequenting SP's and SC's on paid company time instead of fixing broken pencil sharpeners.
 
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