She'll get absolutely no sympathy from me.

A California woman is suing her former employer, saying she was wrongfully fired after she removed an app from her phone that was tracking her location even during non-work hours.

Documents filed in Kern County Superior Court on May 5, which were uploaded by Ars Technica, say that Myrna Arias, who was employed last year as a sales executive at Intermex Wire Transfer in Bakersfield, was required to download Xora, a smartphone app that "contained a global positioning system (GPS), which tracked the exact location of the person processing the smartphone on which it was installed." Courthouse News pointed out that Xora is now called ClickSoftware Solution.

The documents state that Arias and some coworkers asked the company if the app would track their movements outside of work.

"[John] Stubits, [regional vice president of sales,] admitted that employees would be monitored while off duty and bragged he knew how fast she was driving at specific moments ever since she installed the app on her phone," the filing stated.

Arias told her employer she didn't mind the tracking while at work but that she considered its use during off-hours an "invasion of her privacy."

"She likened the app to a prisoner's ankle bracelet and informed Stubits that his actions were illegal," the filing continued.

To this, the document stated, Stubits allegedly said Arias should allow the intrusion because she was being paid more for her work at Intermex compared to NetSpend, the company from which she was recruited. The court documents stated Arias was working at both companies at the time.

Arias was allegedly told she was required to keep her phone on at all hours of the day to take client calls and was reprimanded later in April 2014 when she removed the app from her phone.

Not only does the court document state that Arias was fired in May 2014 from Intermex, but it alleges that the company informed leadership at NetSpend of her "disloyal" dual employment, resulting in her termination from that company as well.

The complaint seeks damages "in excess of $500,000″ for invasion of privacy, violation of labor code, intentional interference with contract, wrongful termination and more.

Arias' attorney Gail Glick told Courthouse news that an employer is allowed to conduct such tracking during work hours, but "if an employee can't stop it, then that is a complete violation of California and federal laws against invasion of privacy," she said.

"[Arias] found it very offensive that they were treating her like a felon," Glick said. "She was not underperforming, so there was no reason to monitor her."

(H/T: Ars Technica via Gizmodo)

http://gizmodo.com/woman-says-she-got-fired-for-deleting-a-24-7-tracking-a-1703757185

Quote from: Solar on May 12, 2015, 09:47:51 AM
She'll get absolutely no sympathy from me.

A California woman is suing her former employer, saying she was wrongfully fired after she removed an app from her phone that was tracking her location even during non-work hours.

Documents filed in Kern County Superior Court on May 5, which were uploaded by Ars Technica, say that Myrna Arias, who was employed last year as a sales executive at Intermex Wire Transfer in Bakersfield, was required to download Xora, a smartphone app that "contained a global positioning system (GPS), which tracked the exact location of the person processing the smartphone on which it was installed." Courthouse News pointed out that Xora is now called ClickSoftware Solution.

The documents state that Arias and some coworkers asked the company if the app would track their movements outside of work.

"[John] Stubits, [regional vice president of sales,] admitted that employees would be monitored while off duty and bragged he knew how fast she was driving at specific moments ever since she installed the app on her phone," the filing stated.

Arias told her employer she didn't mind the tracking while at work but that she considered its use during off-hours an "invasion of her privacy."

"She likened the app to a prisoner's ankle bracelet and informed Stubits that his actions were illegal," the filing continued.

To this, the document stated, Stubits allegedly said Arias should allow the intrusion because she was being paid more for her work at Intermex compared to NetSpend, the company from which she was recruited. The court documents stated Arias was working at both companies at the time.

Arias was allegedly told she was required to keep her phone on at all hours of the day to take client calls and was reprimanded later in April 2014 when she removed the app from her phone.

Not only does the court document state that Arias was fired in May 2014 from Intermex, but it alleges that the company informed leadership at NetSpend of her "disloyal" dual employment, resulting in her termination from that company as well.

The complaint seeks damages "in excess of $500,000″ for invasion of privacy, violation of labor code, intentional interference with contract, wrongful termination and more.

Arias' attorney Gail Glick told Courthouse news that an employer is allowed to conduct such tracking during work hours, but "if an employee can't stop it, then that is a complete violation of California and federal laws against invasion of privacy," she said.

"[Arias] found it very offensive that they were treating her like a felon," Glick said. "She was not underperforming, so there was no reason to monitor her."

(H/T: Ars Technica via Gizmodo)

http://gizmodo.com/woman-says-she-got-fired-for-deleting-a-24-7-tracking-a-1703757185

So  was she being paid 24/7.   Why did she not just take the battery out, if was not being paid 24/7.   Or put in in a special box that would block the tracking.   

Quote from: walkstall on May 12, 2015, 10:32:27 AM

So  was she being paid 24/7.   Why did she not just take the battery out, if was not being paid 24/7.   Or put in in a special box that would block the tracking.   

Is this suit because she was fired from Intermex? Or because they told netspend and she was fired from them?

Btw many years back now, I was "recruited" by that "company" too. But I thought the email was a scam and so ignored it.

Damn wish I"d known it was for taking calls from clients, and all ya need is the phone on all the time. Mine phone is "on" all the time too. I just turn the ringer off and let calls go to VM when I'm not in the mood to be called.

("Which means when asleep. I do this when sleeping because of bonafide observable sleep disorder/probs sleep apnea and sleep walking to start with")

If what this employer intermex or netspend did, in firing her truly is against either state of Federal law, then she deserve's all the sympathy in the world, solar.

Sympathy which will be expressed by the rest of us in our society, by letting the lawsuit win.

If not illegal though, your dead on right Solar, she has no enumerated natural right to work under our Constitution or Federal Laws, and shouldn't win the suit, and thus nor is she deserving of any sympathy.

After all, she's free, so free she can go find an employer she does agree with, she does like, and that she does want to do the job she is hired to do for.

As to put it bluntly, no human endeavor, no human business can afford such a "right". What I fear, if what this/these employers did are not illegal somehow.

Such a claim of a "right to work" will be made, and then codified into law through the judiciary ruling and precedent.

Not any actual act of anyone of the legislative bodies, we in our system employ to create laws, and enumerate rights.

The same way this so-called "right to have an abortion" was first dreamt up by a liberal eugenicist/proponent of mass murder/genocide. And then was only "enacted" once there was a lawsuit, and "precedent" established by a successful lawsuit ruling by SCOTUS.

Because as we all know, the legislature is called that because it legislates, or creates the laws.

The Judiciary, is there to ensure fair trials, and provide a forum for the citizen to bring a grievance against the government if they think government is violating their rights as enumerated by the legislature in our Constitution somehow. It's not there to create or legislate the laws or enumeration of rights as that case did for liberals who run to and from just loving genocide. Like most of the dimwits.

BTW there's almost always staff present here. What ya paying them 24/7 too or something? If so, where/how do I apply as aside from very very few instances.

Like the President for example, is paid 24-7 because he's on the job 24-7. I"ve not heard of a job which pays someone an hourly wage 24-7?

I mean wooowheee, at "minimum wage" here, that'd be 194.40 per day and 1,360.80 per week and 5,443.20 weekly or 283,046.20 per year.

Most of the people I know, don't make that much in a years time salaried, let alone hourly. In fact, in my day, that was called "upper middle class" salary, not the hourly wage.

Although I am sure the liberal dimwits infesting the Democrat Caucus "party" today, call it "poor" or "not a "decent" wage". Which is all perfectly reasonable  through some convoluted, lengthy, farcical, ludicrous tortured logic nowadays I am sure though...   

Quote from: walkstall on May 12, 2015, 10:32:27 AM

So  was she being paid 24/7.   Why did she not just take the battery out, if was not being paid 24/7.   Or put in in a special box that would block the tracking.   

Stupid bitch could have bought another phone and forwarded her business calls to the new phone and left the tracking phone on, at home.
There is no excuse for stupidity.

Quote from: Solar on May 12, 2015, 11:37:45 AM
Stupid bitch could have bought another phone and forwarded her business calls to the new phone and left the tracking phone on, at home.
There is no excuse for stupidity.

She can turn the ringer off and leave the phone app on. Too, so I am disinclined to give her much "sympathy" too.

I hope the jury feels the same way though, also.

Because this probably has less to do with her being fired. And more to do with some liberals trying to "establish precedent" and legislate from the jury box.

Since "right to work" has failed several times already in California. (Hope if fails here in Ohio too btw)

Quote from: daidalos on May 12, 2015, 12:00:31 PM
She can turn the ringer off and leave the phone app on. Too, so I am disinclined to give her much "sympathy" too.

I hope the jury feels the same way though, also.

Because this probably has less to do with her being fired. And more to do with some liberals trying to "establish precedent" and legislate from the jury box.

Since "right to work" has failed several times already in California. (Hope if fails here in Ohio too btw)

Quote
She can turn the ringer off and leave the phone app on.

But it will track you even with the ringer off.  One of the problems was it was tracking her of off hours.

As Solar said she a damn fool, as there are ways of working around it.
My old company told me I had to be on call 24/7.  I told them when they start paying my 24/7, my phone bills and my power bills I would think about it.   

Quote from: daidalos on May 12, 2015, 12:00:31 PM
She can turn the ringer off and leave the phone app on. Too, so I am disinclined to give her much "sympathy" too.

I hope the jury feels the same way though, also.

Because this probably has less to do with her being fired. And more to do with some liberals trying to "establish precedent" and legislate from the jury box.

Since "right to work" has failed several times already in California. (Hope if fails here in Ohio too btw)

There may be a lot of truth in that, but despite her claims, she was working at two competing companies at the same time. They have every right to fire her, but in the private industry, you don't even need a reason to fire anyone, so she's SOL.