Employee Cell Phone Tracking

An employee in California was allegedly fired for removing a tracking APP from her cell phone that was used to track her on-the-job and after-hours travel and locations.  The APP used was XORA (now part of Clicksoft).
Here are some relevant, interesting points.

  • Presumably the cell phone was provided by her employer.  It may be that she was not required to have it turned on when she was off hours.
    (but it is easy to envision jobs where 24 hour on-call is expected)
  • There are clear business uses for the tracking app, which determined time of arrival/departure from customer sites, route taken, etc.
  • There are more intrusive aspects, which stem into the objectionable when off-hours uses are considered: tracking locations, time spent there, routes, breaks, etc. — presumably such logs could be of value in divorce suits, legal actions, etc.

Consider some variations of the scenario —

  1. Employee fired for inappropriate after hours activities
  2. Detection of employees interviewing for other jobs,
    (or a whistle blower, reporting their employer to authorities)
  3. Possible “blackmail” using information about an employees off hour activities.
  4. What responsibility does employer have for turning over records in various legal situations?
  5. What are the record retention policies required?  Do various privacy notifications, policies, laws apply?
  6. What if the employer required the APP to be on a personal phone, not one that was supplied?

When is this type of tracking appropriate, when is it not appropriate?

I’ve marked this with “Internet of Things” as a tag as well — while the example is a cell phone, similar activities occur with in-car (and in-truck) monitoring devices, medical monitoring devices, employer provided tablet/laptop, and no doubt new devices not yet on the market.

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