June 12, 2015 - California’s own Myrna Arias is a former employee of Intermex. While she worked for the company she was issued an iPhone. As an employee of the money transfer company she was also required to download Xora (which is an application/tool designed to help businesses to streamline their scheduling and travel routes for employees in the field).
Myrna Arias was allegedly fired for uninstalling the location-tracking application. Her boss required it to be downloaded on the company issued phone for company’s use in maximizing employee time while on the clock.
Her boss allegedly admitted to Ms. Arias that use of the app meant that her location would be tracked both during AND after business hours as the app ran 24/7. Ms. Arias stated that he even went so far as to brag that he knew the exact speed she was traveling at any given point during the day or night.
Myrna Arias states that she didn’t have an issue with the application tracking her through GPS function during her work hours, but that she definitely objected to the continued use of the tracking application during non-work hours. She complained about it to her boss, John Stubits, telling him that it was an invasion of her privacy. He replied to her complaints in an unsatisfactory manner. Reminding her that she was required to keep her phone on 24/7 in order to accept phone calls from clients. She deleted the application in April 2014.
The use of this type of employee tracking app is a new phenomenon that is becoming more and more popular. Some see this type of application as a major cause of the breakdown of traditional boundaries between professional and private lives.
Arias filed suit in Kern County Superior Court seeking damages over $500,000.
If you would like to discuss the possibility that you are a victim of wrongful termination, contact the southern California employment law experts at Blumenthal, Nordrehaug & Bhowmik.