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villager

(26,001 posts)
Mon May 11, 2015, 06:20 PM May 2015

Worker fired for disabling GPS app that tracked her 24 hours a day

A Central California woman claims she was fired after uninstalling an app that her employer required her to run constantly on her company issued iPhone—an app that tracked her every move 24 hours a day, seven days a week.

Plaintiff Myrna Arias, a former Bakersfield sales executive for money transfer service Intermex, claims in a state court lawsuit that her boss, John Stubits, fired her shortly after she uninstalled the job-management Xora app that she and her colleagues were required to use. According to her suit (PDF) in Kern County Superior Court:

After researching the app and speaking with a trainer from Xora, Plaintiff and her co-workers asked whether Intermex would be monitoring their movements while off duty. 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 installed the app on her phone. Plaintiff expressed that she had no problem with the app's GPS function during work hours, but she objected to the monitoring of her location during non-work hours and complained to Stubits that this was an invasion of her privacy. She likened the app to a prisoner's ankle bracelet and informed Stubits that his actions were illegal. Stubits replied that she should tolerate the illegal intrusion…..


Intermex did not immediately respond for comment.

The suit, which claims invasion of privacy, retaliation, unfair business practices, and other allegations, seeks damages in excess of $500,000 and asserts she was monitored on the weekends when she was not working.

Arias' boss "scolded" her for uninstalling the app shortly after being required to use it, according to the suit. Her attorneys said the woman made $7,250 per month and that she "met all quotas" during a brief stint with Intermex last year.

"This intrusion would be highly offensive to a reasonable person," the filing said.

Arias' attorney, Gail Glick, said in a Monday e-mail to Ars that the app allowed her client's "bosses to see every move the employees made throughout the day."


<snip>

http://arstechnica.com/tech-policy/2015/05/worker-fired-for-disabling-gps-app-that-tracked-her-24-hours-a-day/
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Worker fired for disabling GPS app that tracked her 24 hours a day (Original Post) villager May 2015 OP
Like being on probation treestar May 2015 #1
They have those leg monitors they put on now... malthaussen May 2015 #9
Solution: leave the stupid phone at work Warpy May 2015 #2
Or turn it off. Then, if they retaliate for THAT, here comes the lawsuit :) arcane1 May 2015 #4
Isn't that exactly what allegeldy took place here. LisaL May 2015 #6
Slightly different, as the company issued the phone. arcane1 May 2015 #11
Doesn't sound like she could just turn off GPS tracking feature of the app. LisaL May 2015 #12
She could have turned the phone off ... GeorgeGist May 2015 #20
She claims she was required to keep the phone with her 24/7 to answer calls from clients. LisaL May 2015 #21
Forward all calls to a different phone. Renew Deal May 2015 #23
A very good point! arcane1 May 2015 #24
I'd hate to have a job like that Art_from_Ark May 2015 #33
They can still track your GPS, even with your phone off.n/t fasttense May 2015 #48
not if it's in a Faraday Cage! RoccoR5955 May 2015 #109
I've heard that also. And even if the phone is off it can be turned on remotely, appalachiablue May 2015 #120
The company had no business installing the Big Brother app to begin with meow2u3 May 2015 #106
Remember the guy that traveled in Europe with a dead battery in his I phone? Omaha Steve May 2015 #29
Well shit! I didn't need to hear that today :( arcane1 May 2015 #57
You and me both. A very very dumb phone. nt Hekate May 2015 #81
Yup! Sherman A1 May 2015 #5
Better yet, bvar22 May 2015 #16
That was my thought... dixiegrrrrl May 2015 #42
This message was self-deleted by its author awoke_in_2003 May 2015 #47
How do you do that when you are on call? Forwarding would be the same TheKentuckian May 2015 #116
he might get angry if she doesn't answer JI7 May 2015 #10
So what? 99Forever May 2015 #14
Doesn't sound like he liked it. LisaL May 2015 #18
Typically jobs of this type in this sector... Chan790 May 2015 #35
Gives a whole new meaning to wage slave. n/t fasttense May 2015 #49
$87K per year is hardly "an arm and a leg" groundloop May 2015 #52
^^^ this^^^ n/t BlancheSplanchnik May 2015 #111
Shit, I've been 24/7 365 on call for as low as 29k in the late 90's and never made over 42 on call. TheKentuckian May 2015 #115
I'm fairly certain slavery might still be illegal in the USA... 99Forever May 2015 #140
Yes. What a bloody nerve! Joe Chi Minh May 2015 #44
She claims in her lawsuit she was required to keep the phoen with her 24 hours a day to answer calls LisaL May 2015 #17
did he pay her ablamj May 2015 #30
In theory, yes. Chan790 May 2015 #36
In the military, many of the officer positions require you to be available 24/7. fasttense May 2015 #51
Many bosses demand 24/7 access to employees, particularly of Chiefs of Staff & Admin Assts leveymg May 2015 #28
I know there are jobs like that Warpy May 2015 #73
In territory sales, you work from your home & your car. RiverLover May 2015 #75
Funny, my dad did that while working his way up the ladder Warpy May 2015 #77
I agree! I feel like a serf. A scared serf. RiverLover May 2015 #80
I have a couple friends doing this. BlancheSplanchnik May 2015 #113
Solution: Read the damn story before replying, and you won't say something dumb jeff47 May 2015 #97
Big brother is watching. LisaL May 2015 #3
Since it was company issued phone and not her personal phone, did she have Arkansas Granny May 2015 #7
I don't see anything mentioned either, but sounds like her job involved traveling to customer's LisaL May 2015 #8
Yes, it is in the lawsuit. ohnoyoudidnt May 2015 #22
My neighbor works for OfficeMax/OfficeDepot/Staples, or whatever the new monstrosity is called. Snarkoleptic May 2015 #50
I wouldn't take a job like that SusanCalvin May 2015 #61
Prison, virtual style. I remember reading that 19th c. textile factory workers were charged appalachiablue May 2015 #123
Hope she wins. I can't tell from the suit, though, if it was a company-issued petronius May 2015 #13
Company issued. LisaL May 2015 #15
Lawsuit seems to say it was a personal phone jeff47 May 2015 #99
Manager said he was using the program to continuously monitor her, during company AND personal time. progressoid May 2015 #19
If she was forced to keep it on, then that should be paid overtime. Manifestor_of_Light May 2015 #25
It's in the contract. Chan790 May 2015 #37
This is only true for those covered by the FLSA Major Nikon May 2015 #63
Psychopaths run american corps these days, nothing surprises me randys1 May 2015 #26
That is damned creepy. Jamastiene May 2015 #27
For $7,250 a month 1939 May 2015 #31
That's your price, not sure if you're implying that it should be hers. Ed Suspicious May 2015 #34
I think the larger implication is Lonusca May 2015 #94
Interesting...two good sides to this FLPanhandle May 2015 #32
They have no need to settle unfortunately. Chan790 May 2015 #38
I wonder if the app was part of her work contract. FLPanhandle May 2015 #53
Technology shall make you free! tularetom May 2015 #39
Republicans want to run our government like a business. This is one reason to oppose them. She alfredo May 2015 #40
You don't get 24/7 on call, it isn't the same as simply having a company phone. TheKentuckian May 2015 #117
When clocked out it should have stopped monitoring her movements, but it didn't. alfredo May 2015 #130
I'm not down with it at all. I'm responding to the calls to leave the phone and all that. TheKentuckian May 2015 #134
There are times when you don't want to be found. If she is not paid to be on call, then alfredo May 2015 #135
obidience collar Locrian May 2015 #41
Good one- Slave collar for real. appalachiablue May 2015 #129
$7,250./mo = $1.28 approx/HR @ 24x30.4 days in a month. n/t 2naSalit May 2015 #43
Math FAIL! Munificence May 2015 #76
It is too! 2naSalit May 2015 #139
$7,250 divved by 30.4 by 24 = $9.94/hr druidity33 May 2015 #85
I would love to get paid $9+/hr to sleep, eat, grocery shop, & paid while cleaning my house etc. Sheepshank May 2015 #91
As a Union Steward... druidity33 May 2015 #132
Yeah, something went 2naSalit May 2015 #141
I think you didn't include the decimal point in the 30.4 when you multiplied. nt stevenleser May 2015 #89
Ooops! 2naSalit May 2015 #138
Why would secondvariety May 2015 #45
I can think of a few reasons Major Nikon May 2015 #64
I would have locked it in my desk at the end of my work day and walked away. blackspade May 2015 #46
Set up your company phone to forward all calls to your ladjf May 2015 #54
If you turn your phone off, does the GPS still work? Hoyt May 2015 #55
No, and more importantly, neither does the App brooklynite May 2015 #59
Sounds like the answer. Instead she'll end up blaming the evil corporation for firing her from her Hoyt May 2015 #62
Answer to what? Her phone had to be on so she could take calls from clients, even LisaL May 2015 #68
Late at night? I'm sorry, she was making enough to make a few sacrifices. Hoyt May 2015 #74
Sounds like he was cyberstalking her. alfredo May 2015 #131
Cybetstalking would be different. Still think she should have just quit, or thrown the thing in a Hoyt May 2015 #136
# 48. says GPS still works if the phone is off. appalachiablue May 2015 #125
Then I would have stuck it in a drawer when I got home and left to do whatever I wanted if Hoyt May 2015 #128
Truck drivers have had GPS on their company owned trucks for years. B Calm May 2015 #56
That's different. EL34x4 May 2015 #65
Actually, it's not a bit different. B Calm May 2015 #79
Unless they are required to be in the truck 24/7 it is. whatthehey May 2015 #90
You are responsible for company property and yes you are suppose to be available for dispatch 24/7. B Calm May 2015 #110
I have one of those too, same occupation category... RiverLover May 2015 #58
Ouch FLPanhandle May 2015 #69
I've been with them almost 7 years. Started with a Blackberry then upgraded to iphone. RiverLover May 2015 #71
I remember getting my first pager Lonusca May 2015 #93
There would be at least two, if not three more zeroes added to the penalty if I'm on that jury. 20score May 2015 #60
Agree! KT2000 May 2015 #70
Or being treated badly for going to the "wrong" church Mariana May 2015 #96
If I were on the jury, she'd be freakin' OWNING that company meow2u3 May 2015 #108
Yup yup yup. This! RedCappedBandit May 2015 #118
I wonder if he could access the camera too. Spitfire of ATJ May 2015 #66
Good for her PowerToThePeople May 2015 #67
If California made this illegal, could a corporation sue California in TPP-ISDR tribunals for loss Faryn Balyncd May 2015 #72
I find it very disturbing the way Employers are trying to control employees off the clock. diabeticman May 2015 #78
Oh brave new world, that has such people in it. Ugh. nt Hekate May 2015 #82
Brave new Hell. appalachiablue May 2015 #126
Contact information eridani May 2015 #83
You need to be fluent in Spanish to use the 800 numbers n/t eridani May 2015 #84
brave new world dembotoz May 2015 #86
I thought in a "right to work" state a person could be fired with no explanation. In other words patricia92243 May 2015 #87
That's an interesting point. RiverLover May 2015 #88
Yes, but that doesn't mean they can not provide an explanation. jeff47 May 2015 #98
Discrimination of a protected class or druidity33 May 2015 #133
Well she should collect enough retirement money for a good life malaise May 2015 #92
I can't think of many jobs where this sort of thing might be acceptable... hunter May 2015 #95
Agree this is abusive, but unlikely to change in a very loose labor market. Employers call appalachiablue May 2015 #124
Stupid is carrying your work issued cell phone while off duty Stinky The Clown May 2015 #100
Stupid is not bothering to read the article jeff47 May 2015 #101
Fine quit, and go find another job with an $85+K annual salary. Hoyt May 2015 #103
She didn't quit. She was fired. LisaL May 2015 #105
She should have just quit rather than breaking the rules, as stupid as rules were. Hoyt May 2015 #112
Rude is stating your disagreement in that manner Stinky The Clown May 2015 #122
So Hoyt calling someone stupid is just fine, but Hoyt not bothering to jeff47 May 2015 #137
While Ars is going to focus on the "tech" part of the story, we're ignoring something jeff47 May 2015 #102
unacceptable Liberal_in_LA May 2015 #104
its not a guestion of taking a job like this olddots May 2015 #107
She COULD have had some "fun" with her boss... PCIntern May 2015 #114
Not really, she'd then just be fired for not being available or responsive. TheKentuckian May 2015 #119
It was a JOKE... PCIntern May 2015 #121
Suddenly "American Beauty" is brought to mind... villager May 2015 #127

LisaL

(44,973 posts)
6. Isn't that exactly what allegeldy took place here.
Mon May 11, 2015, 06:29 PM
May 2015

She claims she was fired after she un-installed the app so she is now suing.

 

arcane1

(38,613 posts)
11. Slightly different, as the company issued the phone.
Mon May 11, 2015, 06:34 PM
May 2015

If it's their property, they might have a case since she's basically modifying it by removing that app. But they would NOT have a case for turning the phone off when not in use.

It sucks all around though

LisaL

(44,973 posts)
12. Doesn't sound like she could just turn off GPS tracking feature of the app.
Mon May 11, 2015, 06:38 PM
May 2015

Without un-installing the app.

LisaL

(44,973 posts)
21. She claims she was required to keep the phone with her 24/7 to answer calls from clients.
Mon May 11, 2015, 06:55 PM
May 2015

How would she answer calls from clients if her phone was off?

 

arcane1

(38,613 posts)
24. A very good point!
Mon May 11, 2015, 07:13 PM
May 2015

But unfortunately, they can still claim "tampering with company property". But I'd like to think a case could be made to forbid employers from installing the apps in the first place.

Art_from_Ark

(27,247 posts)
33. I'd hate to have a job like that
Mon May 11, 2015, 07:55 PM
May 2015

There's no way I'd want to be woken up at 3 in the morning just to take a call from a client.

appalachiablue

(41,131 posts)
120. I've heard that also. And even if the phone is off it can be turned on remotely,
Tue May 12, 2015, 06:35 PM
May 2015

including the audio microphone. Same deal with internet TV that has voice commands; even turned off it can hear you. Creepy, you can't make this stuff up. Thom Hartmann had an expert on his program discussing smart televisions. The end of privacy as we've known it they say.

meow2u3

(24,761 posts)
106. The company had no business installing the Big Brother app to begin with
Tue May 12, 2015, 04:23 PM
May 2015

This is the principle. Company phone or no company phone, invasion of privacy is illegal.

Omaha Steve

(99,624 posts)
29. Remember the guy that traveled in Europe with a dead battery in his I phone?
Mon May 11, 2015, 07:52 PM
May 2015

He was shocked to learn even though the battery was dead, it tracked his location all over his travels.


Apple can track you even AFTER your iPhone battery dies: Sensors use built-in chip to collect data when the 5S is 'dead'

Read more: http://www.dailymail.co.uk/sciencetech/article-2573761/Apple-track-AFTER-iPhone-battery-dies-Sensors-continue-collect-data-phone-dead.html#ixzz3ZsRjz700

 

arcane1

(38,613 posts)
57. Well shit! I didn't need to hear that today :(
Mon May 11, 2015, 08:49 PM
May 2015

Reason number 47,236 why I'm keeping my dumb phone.

Sherman A1

(38,958 posts)
5. Yup!
Mon May 11, 2015, 06:29 PM
May 2015

Seems pretty simple. Leave the work phone at the workplace at the end of the day or if that is not possible leave it in a drawer at home and use your own phone for your own business.

Response to Sherman A1 (Reply #5)

JI7

(89,249 posts)
10. he might get angry if she doesn't answer
Mon May 11, 2015, 06:34 PM
May 2015

especially if she is just at "home" so doesn't have an excuse for not answering.

 

Chan790

(20,176 posts)
35. Typically jobs of this type in this sector...
Mon May 11, 2015, 08:01 PM
May 2015

include signing a contract that specifies that you are "all on-call" meaning you are never allowed to be not potentially called into work or to fulfill work duties from one moment to the next 24/7/365 unless you're on vacation.

People in these positions get paid an arm and a leg because they sign away their right to off-work time.

Yes, that is perfectly legal if you were wondering because it's voluntary and because you can quit at any time or opt to self-terminate by failing to meet the terms of contract by being available.

groundloop

(11,518 posts)
52. $87K per year is hardly "an arm and a leg"
Mon May 11, 2015, 08:39 PM
May 2015

I also wholeheartedly disagree with the argument that it's ok to abuse the privacy of employees 'because they can quit at any time'. Nobody should have to make the choice between tolerating an invasion of privacy (or any unethical work conditions) and quitting their job.

TheKentuckian

(25,026 posts)
115. Shit, I've been 24/7 365 on call for as low as 29k in the late 90's and never made over 42 on call.
Tue May 12, 2015, 05:58 PM
May 2015

with the same responsibility plus I had the fucking Nextel chirping with matters of such gravity as "what are you doing?" and "I'm bored".

My point is don't think this is all about high rollers of any sort.

99Forever

(14,524 posts)
140. I'm fairly certain slavery might still be illegal in the USA...
Sat May 16, 2015, 10:02 AM
May 2015

.. however, with the shit-4-brains Congress we have, fully corrupted "justice" system, and the capitulating, spineless administration, who knows, I could be wrong.

LisaL

(44,973 posts)
17. She claims in her lawsuit she was required to keep the phoen with her 24 hours a day to answer calls
Mon May 11, 2015, 06:49 PM
May 2015

from clients.

 

Chan790

(20,176 posts)
36. In theory, yes.
Mon May 11, 2015, 08:03 PM
May 2015

It's a term of the contract of the position and factored into her salaried compensation.

I turned down a similar position years ago because I didn't want to be under these conditions.

 

fasttense

(17,301 posts)
51. In the military, many of the officer positions require you to be available 24/7.
Mon May 11, 2015, 08:36 PM
May 2015

but we certainly didn't get $80,000 plus a year for doing it.

leveymg

(36,418 posts)
28. Many bosses demand 24/7 access to employees, particularly of Chiefs of Staff & Admin Assts
Mon May 11, 2015, 07:51 PM
May 2015

Reference made to "The Devil Wears Prado." The first time they can't reach you at 2 am, you're no longer loyal enough.

Warpy

(111,255 posts)
73. I know there are jobs like that
Mon May 11, 2015, 09:51 PM
May 2015

I would simply never accept those terms no matter how high the salary.

Nursing was bad enough, being called in on days off.

Warpy

(111,255 posts)
77. Funny, my dad did that while working his way up the ladder
Mon May 11, 2015, 10:10 PM
May 2015

back in the 1950s. While he was on the road, he relied on land lines in hotels and pay phones and the US mail. Sending a telegram was unusual. He made appointments and distributors kept them.

There is no fucking reason in the world for this shit except creeping serfdom.

RiverLover

(7,830 posts)
80. I agree! I feel like a serf. A scared serf.
Mon May 11, 2015, 10:24 PM
May 2015

Its why I'm highly motivated for change. The corporations & Moneyed Interests wield too much destructive power over People.

BlancheSplanchnik

(20,219 posts)
113. I have a couple friends doing this.
Tue May 12, 2015, 05:47 PM
May 2015

And I really feel for them. Pay is crap, too. And the idiots higher up the ladder.....ugh. god.

jeff47

(26,549 posts)
97. Solution: Read the damn story before replying, and you won't say something dumb
Tue May 12, 2015, 02:57 PM
May 2015

She was required to carry the phone 24/7, and keep it on 24/7. And not in airplane mode 24/7.

And the article could take the same advice. The actual lawsuit says it was her personal phone, not a company issued phone.

Arkansas Granny

(31,516 posts)
7. Since it was company issued phone and not her personal phone, did she have
Mon May 11, 2015, 06:31 PM
May 2015

to carry it outside her regular working hours? I didn't see anything at the link that addressed that issue.

LisaL

(44,973 posts)
8. I don't see anything mentioned either, but sounds like her job involved traveling to customer's
Mon May 11, 2015, 06:32 PM
May 2015

locations.
So I don't know if it would be possible for her to leave it in the office when she was not in the office.

Snarkoleptic

(5,997 posts)
50. My neighbor works for OfficeMax/OfficeDepot/Staples, or whatever the new monstrosity is called.
Mon May 11, 2015, 08:34 PM
May 2015

He uses his personal cell phone for work and they require him to have the "Airwatch" app on his phone.
Airwatch has "jailbreak" detection, GPS tracking (which cannot be shut off), plus they can also see any photos on the phone, read all of his personal emails and texts.

appalachiablue

(41,131 posts)
123. Prison, virtual style. I remember reading that 19th c. textile factory workers were charged
Tue May 12, 2015, 07:08 PM
May 2015

if a needle broke, and their pay was docked. At many places employees were also charged for using the chair they sat in to work. The last one about did me in.

petronius

(26,602 posts)
13. Hope she wins. I can't tell from the suit, though, if it was a company-issued
Mon May 11, 2015, 06:40 PM
May 2015

phone or her personal phone. The suit just says "their phones" and "her phone" as far as I can tell. This would be even more offensive, IMO, if it was a personal phone...

http://cdn.arstechnica.net/wp-content/uploads/2015/05/Intermexcomplaint.pdf

jeff47

(26,549 posts)
99. Lawsuit seems to say it was a personal phone
Tue May 12, 2015, 03:05 PM
May 2015

At least, when it mentions the demand to install the software, it does not say they were company-issued phones. It implies personal ownership.

progressoid

(49,988 posts)
19. Manager said he was using the program to continuously monitor her, during company AND personal time.
Mon May 11, 2015, 06:54 PM
May 2015
Her manager made it clear that he was using the program to continuously monitor her, during company as well as personal time.


 

Manifestor_of_Light

(21,046 posts)
25. If she was forced to keep it on, then that should be paid overtime.
Mon May 11, 2015, 07:42 PM
May 2015

Any time you have to be on call, that is counted as work.

 

Chan790

(20,176 posts)
37. It's in the contract.
Mon May 11, 2015, 08:05 PM
May 2015

Her pay is based on the premise of 24-hour on-call workdays and she was paid as such...(edit: ) over-$7k/month.

Major Nikon

(36,827 posts)
63. This is only true for those covered by the FLSA
Mon May 11, 2015, 08:58 PM
May 2015

Many workers are exempt and the employer has no obligation to ever pay them overtime. Accepting a position that is exempt from the FLSA and has no contract, collective or otherwise, means you've just sold part of your soul to the company.

Jamastiene

(38,187 posts)
27. That is damned creepy.
Mon May 11, 2015, 07:50 PM
May 2015

I hope it is against the law. I never know any more. It seems we are losing more and more of our privacy, whether we want to or not.

Lonusca

(202 posts)
94. I think the larger implication is
Tue May 12, 2015, 11:06 AM
May 2015

that there is "a price". Lots of people would agree (and do agree) to these conditions. Millions probably already do in one form or another.

Whether her suit has merit - I don't know but I am doubtful.

There is always (at least now) a price to pay to make a high salary.

FLPanhandle

(7,107 posts)
32. Interesting...two good sides to this
Mon May 11, 2015, 07:54 PM
May 2015

On one side, it's company property so she shouldn't be modifying it.

On the other side, if not during work hours, she shouldn't be required to carry it.

I suspect, the company will settle this long before the court gets involved.

 

Chan790

(20,176 posts)
38. They have no need to settle unfortunately.
Mon May 11, 2015, 08:08 PM
May 2015

This is why you always read contracts before you sign them...so you don't sign something that specifies that your work-hours are whenever a client or supervisor calls you 24-hours/day unless you're on vacation.

Because she voluntarily agreed to not have non-work time...they can legally demand she carry it all the time.

FLPanhandle

(7,107 posts)
53. I wonder if the app was part of her work contract.
Mon May 11, 2015, 08:44 PM
May 2015

Even if so, is it legal?

The company might settle just to stop the risk from having to uninstall it.

alfredo

(60,071 posts)
40. Republicans want to run our government like a business. This is one reason to oppose them. She
Mon May 11, 2015, 08:15 PM
May 2015

Should have left the company phone at home, and carried her own phone.

alfredo

(60,071 posts)
130. When clocked out it should have stopped monitoring her movements, but it didn't.
Tue May 12, 2015, 08:20 PM
May 2015

"From the article: The app had a "clock in/out" feature which did not stop GPS monitoring, that function remained on. This is the problem about which Ms. Arias complained. Management never made mention of mileage. They would tell her co-workers and her of their driving speed, roads taken, and time spent at customer locations. Her manager made it clear that he was using the program to continuously monitor her, during company as well as personal time."

This is industrial espionage.

alfredo

(60,071 posts)
135. There are times when you don't want to be found. If she is not paid to be on call, then
Tue May 12, 2015, 09:47 PM
May 2015

why should she keep her leash on? Yes, she should keep the phone with her while on the clock. I didn't see anything about her being required to have the phone on 24/7. I think the company will argue that if she didn't want to be monitored off the clock, she should use a personal phone at those times.

She did alter a company phone, but they should have been honest about tracking her when off the clock. That's creepy.

I hope she wins, but I have a feeling they will have a good case in defense of their actions. Still, the creepiness and the dishonesty of the company could help her.

The Postal Service is also micromanaging employees, but only on the clock.

druidity33

(6,446 posts)
85. $7,250 divved by 30.4 by 24 = $9.94/hr
Tue May 12, 2015, 06:16 AM
May 2015

Which is not quite a buck twenty eight, but it's still not that great.



 

Sheepshank

(12,504 posts)
91. I would love to get paid $9+/hr to sleep, eat, grocery shop, & paid while cleaning my house etc.
Tue May 12, 2015, 10:16 AM
May 2015

BUT....I would not like the intrusivness that was going on here

druidity33

(6,446 posts)
132. As a Union Steward...
Tue May 12, 2015, 08:27 PM
May 2015

i tell all my new shop employees to READ THEIR CONTRACT! If you can't abide by it, the Union can't support you. The flipside is of course that if you're being subjected to demands/terms beyond that contract, you have recourse. I don't think geotagging was in her contract, regardless of whether she was employed 24/7.



2naSalit

(86,597 posts)
141. Yeah, something went
Sat May 16, 2015, 10:02 AM
May 2015

wrong while I was trying to work it out. Still, I agree, it isn't much of a wage. While on call 24/7, one also bears additional expense due to traveling frequently... sundries and food cost a lot when one is on the road, so to speak.

Just give me another badge on my math dunce sash.

2naSalit

(86,597 posts)
138. Ooops!
Sat May 16, 2015, 09:55 AM
May 2015

I confess, I have always been something of a math dunce... dyslexia has it's downsides!

Thanks for the correction.

secondvariety

(1,245 posts)
45. Why would
Mon May 11, 2015, 08:25 PM
May 2015

they need to monitor her location in the first place? Sounds like a shit company to work for - at any price.

Major Nikon

(36,827 posts)
64. I can think of a few reasons
Mon May 11, 2015, 09:02 PM
May 2015

If they needed someone at a certain location as fast as possible, it would help to know who is where. That doesn't mean the company isn't shit to work for. If I'm going to sell my privacy to the company, it ain't gonna be cheap.

blackspade

(10,056 posts)
46. I would have locked it in my desk at the end of my work day and walked away.
Mon May 11, 2015, 08:32 PM
May 2015

This shit has gotten intolerable.

On edit, and forwarded the calls to my personal phone.
Actually, I think I would do this 24/7.

ladjf

(17,320 posts)
54. Set up your company phone to forward all calls to your
Mon May 11, 2015, 08:44 PM
May 2015

personal business phone then leave the business phone at the office in the ON mode.

 

Hoyt

(54,770 posts)
62. Sounds like the answer. Instead she'll end up blaming the evil corporation for firing her from her
Mon May 11, 2015, 08:58 PM
May 2015

$85K job.

LisaL

(44,973 posts)
68. Answer to what? Her phone had to be on so she could take calls from clients, even
Mon May 11, 2015, 09:21 PM
May 2015

when she wasn't in her office.

 

Hoyt

(54,770 posts)
74. Late at night? I'm sorry, she was making enough to make a few sacrifices.
Mon May 11, 2015, 09:51 PM
May 2015

Not sure why the employer required it, but I would have sat down with them and asked is there was something we can do because I just didn't feel comfortable.

I haven't read this closely, so maybe she did. Or maybe they harassed her. That's are different.

I'm one who has the opinion that at that level of salary, if you don't like things, you do yourself and the employer a favor and quit if you just can't put up with something. Besides, it's satisfying to tell them to stuff it.

I don't feel like that for people making a lot less.

alfredo

(60,071 posts)
131. Sounds like he was cyberstalking her.
Tue May 12, 2015, 08:22 PM
May 2015

The app had a "clock in/out" feature which did not stop GPS monitoring, that function remained on. This is the problem about which Ms. Arias complained. Management never made mention of mileage. They would tell her co-workers and her of their driving speed, roads taken, and time spent at customer locations. Her manager made it clear that he was using the program to continuously monitor her, during company as well as personal time.

 

Hoyt

(54,770 posts)
136. Cybetstalking would be different. Still think she should have just quit, or thrown the thing in a
Tue May 12, 2015, 10:19 PM
May 2015

drawer after hours.

 

Hoyt

(54,770 posts)
128. Then I would have stuck it in a drawer when I got home and left to do whatever I wanted if
Tue May 12, 2015, 07:49 PM
May 2015

concerned about tracking.

 

EL34x4

(2,003 posts)
65. That's different.
Mon May 11, 2015, 09:15 PM
May 2015

When they're in the company truck, presumably, they're working. When they park the truck, hop in a cab and head to the bar, they're not working. And they're not being tracked.

whatthehey

(3,660 posts)
90. Unless they are required to be in the truck 24/7 it is.
Tue May 12, 2015, 10:10 AM
May 2015

Her contract required her to be available for calls 24/7

 

B Calm

(28,762 posts)
110. You are responsible for company property and yes you are suppose to be available for dispatch 24/7.
Tue May 12, 2015, 05:40 PM
May 2015

RiverLover

(7,830 posts)
71. I've been with them almost 7 years. Started with a Blackberry then upgraded to iphone.
Mon May 11, 2015, 09:29 PM
May 2015

I think its been 2 years now with the full 24 hour tracking installed on the iphones. But in ours, they disabled the ability to disable the tracker.

I don't know if its legal. They have an enormous legal department, so I imagine they've found a way to make it so.

But they don't have to worry about firing someone for disabling it....

I'm not proud. Just middle-aged and know if I lose my job, I'll have trouble finding a new one. I get in line.

Lonusca

(202 posts)
93. I remember getting my first pager
Tue May 12, 2015, 10:50 AM
May 2015

and thinking how cool it was. Until it started beeping. That was the beginning of 20+ years of basically being on call 24/7.

What I think a lot of people miss is that - yes this sucks - but if you don't agree to the conditions, someone else will. The train is not turning back.

I also think the next generation doesn't have the same basic concept of "privacy" that we did. It's not that big of a deal for people to know where you are an what you are doing at any hour of the day.

20score

(4,769 posts)
60. There would be at least two, if not three more zeroes added to the penalty if I'm on that jury.
Mon May 11, 2015, 08:55 PM
May 2015

I've been warning people for three decades that this kind of shit would happen once the country changed its views on worker's rights. It started with piss tests and moved onto a mindset where employers have every right to know who they were hiring. And that meant knowing how they behave outside of work.

No they fucking don't. One does a job and gets paid for a job well done. That's the beginning, middle and end of the deal. Fuck all the fascists who think otherwise.

KT2000

(20,577 posts)
70. Agree!
Mon May 11, 2015, 09:24 PM
May 2015

I could imagine a woman going to a women's clinic after work and having to answer as to some asshole supervisor whether she was there for birth control or an abortion because the corporations "religion" forbids such things.

Jeez ---let me out of here......

Mariana

(14,856 posts)
96. Or being treated badly for going to the "wrong" church
Tue May 12, 2015, 12:06 PM
May 2015

(or for not going to church at all), or attending the "wrong" political events, or basically doing anything your supervisor disapproves of.

meow2u3

(24,761 posts)
108. If I were on the jury, she'd be freakin' OWNING that company
Tue May 12, 2015, 04:33 PM
May 2015

I'm sick of fascists who think they can pry into their employees' private lives and order them around 24/7!

Faryn Balyncd

(5,125 posts)
72. If California made this illegal, could a corporation sue California in TPP-ISDR tribunals for loss
Mon May 11, 2015, 09:38 PM
May 2015


... of profits, assuming The corporation adopting the 24 hour surveillance was from a TPP member state, and the TPP passes in a form similar to what has been leaked?

(This sounds like an easier way for corporations to make money than "the old-fashioned way".)











diabeticman

(3,121 posts)
78. I find it very disturbing the way Employers are trying to control employees off the clock.
Mon May 11, 2015, 10:18 PM
May 2015

You can't complain to your facebook friends about your bad day or tip because you can get fired for speaking Ill of the company. This article. Hell, employers are demanding peoples facebook/twitter and the like --passwords.

Thanks Right-To-Work crap that keeps us under the thumb nail of corporations.

eridani

(51,907 posts)
83. Contact information
Tue May 12, 2015, 03:43 AM
May 2015

Email contact form
http://intermexonline.com/contact/

My message which did not go through--
Rehire Myrna Arias of Bakersfield! What in bloody hell business is of yours where she is when she isn't at work? If the Xora app can't be adjusted to function only during work hours, get rid of it. Her supervisor John Stubits should be fired instead

Regulatory Compliance Department
1.800.792.8017
compliance@intermexusa.com

Customer Service Department
1.800.670.8611
cs-mexicosupervisors@intermexusa.com

International Headquarters

9480 S. Dixie Highway
Miami, FL 33156
United States
Tel: 305-671-8000
1.800.670.8611

patricia92243

(12,595 posts)
87. I thought in a "right to work" state a person could be fired with no explanation. In other words
Tue May 12, 2015, 08:24 AM
May 2015

the other side of right to work is "right to fire you."

jeff47

(26,549 posts)
98. Yes, but that doesn't mean they can not provide an explanation.
Tue May 12, 2015, 03:03 PM
May 2015

And they foolishly did provide an explanation.

druidity33

(6,446 posts)
133. Discrimination of a protected class or
Tue May 12, 2015, 08:37 PM
May 2015

violation of civil rights would make it actionable. I'm not sure where this case would fall... privacy rights? What does her contract for employment stipulate and what are her rights in relation to those stipulations? Can an employment contract legitimize 24 hour unwilling tracking of employees? This sound like a landmark legal case to me....

malaise

(268,987 posts)
92. Well she should collect enough retirement money for a good life
Tue May 12, 2015, 10:41 AM
May 2015

after she dues the pants off that fascist.

hunter

(38,311 posts)
95. I can't think of many jobs where this sort of thing might be acceptable...
Tue May 12, 2015, 11:30 AM
May 2015

... and they are all life-or-death sorts of things.

Is anyone going to die? Is anyone going to suffer permanent injury?

If not it can wait until the morning.

True 24/7 work, say the electric company or the hospital, simply ought to hire enough people to cover all the shifts. Even sparse on-call work should be split between at least two people, preferably more. People ought to be "off leash" most of the time otherwise they are some sort of slave.

It's not like there's any shortage of people looking for work.

We the People ought to declare war on these sorts of scummy employer practices and outlaw them.

appalachiablue

(41,131 posts)
124. Agree this is abusive, but unlikely to change in a very loose labor market. Employers call
Tue May 12, 2015, 07:31 PM
May 2015

the shots and know it. They're also into using data, computers and tracking a lot. There are cases when people have missed car loan payments and their vehicle is remotely 'killed' (Chris Hayes, MSNBC). It's a very crazy world.

Stinky The Clown

(67,798 posts)
100. Stupid is carrying your work issued cell phone while off duty
Tue May 12, 2015, 03:06 PM
May 2015

My vote, if on a jury, would be "tough shit, lady."

My sentence would be a term in Remedial Thinking class.

jeff47

(26,549 posts)
101. Stupid is not bothering to read the article
Tue May 12, 2015, 03:07 PM
May 2015

and thus discovering the company required her to carry it 24/7. Powered on. And not in airplane mode.

 

Hoyt

(54,770 posts)
103. Fine quit, and go find another job with an $85+K annual salary.
Tue May 12, 2015, 03:36 PM
May 2015

I'm serious, at that level of salary, you quit if you really don't like something. At a lower salary, I think it's a different situation.

Personally, I'm not sure why the employer does this. I bet they don't do a lot of checking, if any, after normal business hours.

I'm even less certain why the lady doesn't just put her phone in the bathroom when she gets home and go do whatever she thinks might be an invasion of privacy. I would, or I'd walk in and ask the employer to bend over while I give them their phone back.

Again, if the employer is digitally stalking or harassing people, that's different.

Stinky The Clown

(67,798 posts)
122. Rude is stating your disagreement in that manner
Tue May 12, 2015, 06:40 PM
May 2015

Nice personalizing.

I should say Fuck you. But I won't. So I am not saying fuck you to you.

Now go alert on me.

jeff47

(26,549 posts)
137. So Hoyt calling someone stupid is just fine, but Hoyt not bothering to
Wed May 13, 2015, 09:15 AM
May 2015

read the story and thus erroneously calling them stupid means he's great?

Suuuurre.

And no, I'm not going to alert on you. I want everyone to see your brilliant writing.

jeff47

(26,549 posts)
102. While Ars is going to focus on the "tech" part of the story, we're ignoring something
Tue May 12, 2015, 03:10 PM
May 2015

I think we shouldn't ignore that her boss called up her second job and got her fired.

 

olddots

(10,237 posts)
107. its not a guestion of taking a job like this
Tue May 12, 2015, 04:25 PM
May 2015

its a guestion of there being a job like this .Our need for conveniences creates slavery plain and simple ........ooooh remember that cash stuff ?

PCIntern

(25,544 posts)
114. She COULD have had some "fun" with her boss...
Tue May 12, 2015, 05:54 PM
May 2015

She should have taken her phone and placed it in a magnetic box like a Hide-a-key and attached it to his car and let him drive around with it for the weekend or evening. Add this up over time, prepare the report which shows an absolute coincidental placement of him and her and threaten to show it to the soon-to-be-aggrieved spouse/partner to "prove" that they'd been having an affair during the off-hours.

Or even better, she could put it on the car of the spouse/partner when the boss is at work and when the report shows that she's hanging around at all weird hours with that individual...uh-oh!

Hilarity Ensues!!!

TheKentuckian

(25,026 posts)
119. Not really, she'd then just be fired for not being available or responsive.
Tue May 12, 2015, 06:11 PM
May 2015

It seems many or even most have not a clue of actual 24/7 on call.

 

villager

(26,001 posts)
127. Suddenly "American Beauty" is brought to mind...
Tue May 12, 2015, 07:44 PM
May 2015

...when one thinks of Kevin Spacey's "negotiation" when leaving his job...!

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