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Woman Fired For Disabling Smart Phone App That Let Boss Stalk Her 24/7

1CK1S
1CK1S Members Posts: 27,472 ✭✭✭✭✭
smartphone-312816_640-216x160.jpg

How much invasion of privacy should a worker accept from a job that pays $7250 a month? Would wearing the equivalent of an ankle bracelet be too much? Myrna Arias thought so, and lost her job over it.

When Arias accepted a job as a sales executive last year with Intermex Wire Transfer Company, she had no idea how intrusive her employer would become. She started work in February, did well, and made $7250 a month, with commission. In April, however, her boss required her and her co-workers to download an application called Xora to their smart phones.

The phones were part of the job. They had to be carried 24/7 so that the sales force could answer calls from clients at any time. Sort of a burden, but maybe not too bad, considering the pay.

There was one catch, however. The Xora app contained a global positioning system (GPS). Even though it had a “clock in/out” feature, Arias began to wonder. Turns out that the GPS function remained on even when the employees were “clocked out.”

She and the other employees went to their boss, John Stubits, and asked: Were their movements still being tracked when they were off-duty? According to the complaint that Arias ended up filing last week:

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…

Her manager made it clear that he was using the program to continuously monitor her, during company as well as personal time.

Stubbs knew where she went, how fast she drove, the roads she took, and how long she spent at each stop — whether she was working or not.

Arias drew the parallel between the constant monitoring of the GPS system and the ankle bracelet a prisoner is forced to wear. She told Stubits that what he was doing was illegal. The boss’ reply was that she should put up with it because of the amount of money Intermex was paying her.

In late April of 2014, Arias deleted the app. On May 5th, she was fired.

Not only did Arias lose her job, but Intermex took action to retaliate. Her employment contract specified that she could also continue her work for her previous employer for three months in order to keep health insurance coverage for a chronic condition. After she was terminated, Intermex contacted the other employer and attempted to smear her name by branding her disloyal.

On May 5th of this year, Arias filed a lawsuit in the Bakersfield County Superior Court of California. The lawsuit seeks damages for, among other things, invasion of privacy, unlawful termination, retaliation in violation of labor code, and unfair business practices. She is asking for damages “in excess of $500,000.”

In an era where Big Brother has become alarmingly real and ever-present, many workers need to keep an eye on the eventual outcome of the suit.
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Comments

  • babelipsss
    babelipsss Members Posts: 2,517 ✭✭✭✭✭
    Why not just get a second personal phone?
  • lamontbdc
    lamontbdc 16th & UMembers Posts: 18,824 ✭✭✭✭✭
    did they give her any reasoning tho> they just got from she deleted app to being fired....did she ask anybody was that the reason....they didn't ask her why she deleted it or gave her a chance to put it back on her phone after a conversation
  • King Erauno
    King Erauno Members Posts: 6,754 ✭✭✭✭✭
    didnt read. sounds like a lawsuit.
  • deadeye
    deadeye Walmart Warrior Kat's buttMembers Posts: 22,883 ✭✭✭✭✭
    #Creepset
  • mryounggun
    mryounggun Loading up my Grey Matter Glock Members Posts: 13,451 ✭✭✭✭✭
    So she took a job and was told she would have to take sales calls at ANY time, and was forced to download a GPS app on her COMPANY cellphone?

    Unless I'm missing something...what's the issue here? I mean, it's overkill. But it sounds like the company is well-within their rights.
  • mryounggun
    mryounggun Loading up my Grey Matter Glock Members Posts: 13,451 ✭✭✭✭✭
    edited May 2015
    Shizlansky wrote: »
    mryounggun wrote: »
    So she took a job and was told she would have to take sales calls at ANY time, and was forced to download a GPS app on her COMPANY cellphone?

    Unless I'm missing something...what's the issue here? I mean, it's overkill. But it sounds like the company is well-within their rights.

    It was still active when you clocked out. And he can check where they are even when they are not on the clock

    I'm pretty sure that's against the law.

    That's not against the law, fam. It's company property. They can do what they want with it. I agree it's overkill, but legally speaking there's no issue here, I don't think.
  • EmM HoLLa.
    EmM HoLLa. Rolex Watches & Diamond Chains.. Members Posts: 3,255 ✭✭✭✭✭
    Why not just turn the GPS function off on the phone when you are not working.. Or am I naive to believe that you can actually turn it off?..
  • Shizlansky
    Shizlansky Members Posts: 35,095 ✭✭✭✭✭
    mryounggun wrote: »
    Shizlansky wrote: »
    mryounggun wrote: »
    So she took a job and was told she would have to take sales calls at ANY time, and was forced to download a GPS app on her COMPANY cellphone?

    Unless I'm missing something...what's the issue here? I mean, it's overkill. But it sounds like the company is well-within their rights.

    It was still active when you clocked out. And he can check where they are even when they are not on the clock

    I'm pretty sure that's against the law.

    That's not against the law, fam. It's company property. They can do what they want with it. I agree it's overkill, but legally speaking there's no issue here, I don't think.

    What the 🤬 are you talking about?

    What's company property?
    @mryounggun
  • mryounggun
    mryounggun Loading up my Grey Matter Glock Members Posts: 13,451 ✭✭✭✭✭
    Shizlansky wrote: »
    mryounggun wrote: »
    Shizlansky wrote: »
    mryounggun wrote: »
    So she took a job and was told she would have to take sales calls at ANY time, and was forced to download a GPS app on her COMPANY cellphone?

    Unless I'm missing something...what's the issue here? I mean, it's overkill. But it sounds like the company is well-within their rights.

    It was still active when you clocked out. And he can check where they are even when they are not on the clock

    I'm pretty sure that's against the law.

    That's not against the law, fam. It's company property. They can do what they want with it. I agree it's overkill, but legally speaking there's no issue here, I don't think.

    What the 🤬 are you talking about?

    What's company property?
    @mryounggun

    The phone, B. The phone. It says the phone was a part of her job. I take that to mean that it was a company phone. Most of those types of companies give their employees phones for work purposes. If it was HER phone, I could understand. But if it was a company phone...
  • JusDre313
    JusDre313 ∩┐(◕_◕)┌∩┐ YEP........................ MEDICINAL!Members Posts: 4,727 ✭✭✭✭✭
    mryounggun wrote: »
    Shizlansky wrote: »
    mryounggun wrote: »
    Shizlansky wrote: »
    mryounggun wrote: »
    So she took a job and was told she would have to take sales calls at ANY time, and was forced to download a GPS app on her COMPANY cellphone?

    Unless I'm missing something...what's the issue here? I mean, it's overkill. But it sounds like the company is well-within their rights.

    It was still active when you clocked out. And he can check where they are even when they are not on the clock

    I'm pretty sure that's against the law.

    That's not against the law, fam. It's company property. They can do what they want with it. I agree it's overkill, but legally speaking there's no issue here, I don't think.

    What the 🤬 are you talking about?

    What's company property?
    @mryounggun

    The phone, B. The phone. It says the phone was a part of her job. I take that to mean that it was a company phone. Most of those types of companies give their employees phones for work purposes. If it was HER phone, I could understand. But if it was a company phone...

    yeah i took it the same... even though i think its some 🤬 .. but if its a company issued phone then i got to agree, if its her personal cell FOH
  • [Deleted User]
    [Deleted User] Posts: 0 Regulator
    The user and all related content has been deleted.
  • 7figz
    7figz Still don’t nothing move but the money Members Posts: 15,294 ✭✭✭✭✭
    Or turn off the phone outside of work hours ?
  • Busta Carmichael
    Busta Carmichael IC Hall Of Famer, LOT Members, Moderators Posts: 13,160 Regulator
    Off&On wrote: »
    That 🤬 on my work phone, that why that 🤬 stays at the office when. I'm not at work

    Lol they made you install the app?
  • [Deleted User]
    [Deleted User] Posts: 0 Regulator
    The user and all related content has been deleted.
  • mryounggun
    mryounggun Loading up my Grey Matter Glock Members Posts: 13,451 ✭✭✭✭✭
    edited May 2015
    I see a lot of cats didn't read the original post. You can't turn the phone off when you're not at work or leave it at work.
  • damnkp
    damnkp Members Posts: 1,824 ✭✭✭✭✭
    All she had to do was get a 2nd phone and forward her work calls to that phone after work hours..and leave the other phone at home
  • Shizlansky
    Shizlansky Members Posts: 35,095 ✭✭✭✭✭
    It don't said the company gave them a phone.

    It just says they had to download a app to THEIR phone.

    So I'm assuming it's not the company because of the wording.

    It it would already be installed on a company phone.
  • Stiff
    Stiff Legion of Trill BG Members Posts: 7,723 ✭✭✭✭✭
    Shizlansky wrote: »
    It don't said the company gave them a phone.

    It just says they had to download a app to THEIR phone.

    So I'm assuming it's not the company because of the wording.

    It it would already be installed on a company phone.

    it dont explicitly say it but this part right here makes me think the company provided the phone
    . In April, however, her boss required her and her co-workers to download an application called Xora to their smart phones.

    The phones were part of the job. They had to be carried 24/7 so that the sales force could answer calls from clients at any time. Sort of a burden, but maybe not too bad, considering the pay.

    It makes it seem like the company had already given the phones and then in april they started to make them download the apps to the phones.

    not sure tho
  • Shizlansky
    Shizlansky Members Posts: 35,095 ✭✭✭✭✭
    Stiff wrote: »
    Shizlansky wrote: »
    It don't said the company gave them a phone.

    It just says they had to download a app to THEIR phone.

    So I'm assuming it's not the company because of the wording.

    It it would already be installed on a company phone.

    it dont explicitly say it but this part right here makes me think the company provided the phone
    . In April, however, her boss required her and her co-workers to download an application called Xora to their smart phones.

    The phones were part of the job. They had to be carried 24/7 so that the sales force could answer calls from clients at any time. Sort of a burden, but maybe not too bad, considering the pay.

    It makes it seem like the company had already given the phones and then in april they started to make them download the apps to the phones.

    not sure tho

    Either way it go. It wasn't in the original agreement for part of the job to be monitored at all times
  • kingofkingz
    kingofkingz Members Posts: 4,323 ✭✭✭✭✭
    That's an invasion of privacy what people do on they own time is their business, my boss don't need to know how long I'm at any place or what streets I'm on if I'm not on your time
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