Wrongful Termination Suit: California Woman Fired for Deleting a 24/7 Location Tracking App from her Phone

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.

Former Goodwill Manager Files Wrongful Termination Suit

Pamela Dietz, former human resources manager for Goodwill Industries in Lorain County recently filed a lawsuit against the agency. She claims wrongful termination after being fired for investigating a suspected theft scheme within the organization. Dietz filed the suit in Lorain County Common Please Court. The suit is detailed, spelling out her discovery of the theft she alleges was occurring as well as the attempts made by Goodwill Industries to cover up the problem. Dietz was employed from Feb. 18, 2013 through October 2013 when CEO Steve Greenwell fired her.

The second defendant named in the suit is Jack Arbogast. He is described in the lawsuit as the director of donated goods. Dietz is seeking compensatory and punitive damages for emotional stress as well as lost wages. The alleged theft scheme is described in the suit. Items donated to Goodwill were resold by Arbogast, a Goodwill employee, and the employee’s husband. The sales were handled through the eBay auction website. Dietz claims she discovered the theft scheme through another employee coming to her with the information in September 2013. Larry Abetya came to her with the request for time off due to “stress and anxiety” in connection with his personal relationship with Arbogast. Abetya advised Dietz that Arbogast took a 1994 Geo Prism from Goodwill and gave it to Abetya. Abetya was involved in a car accident in the Prism in April 2013. The suit alleges that Arbogast regularly took donated goods from Goodwill (i.e. cars, speakers, a boat, a pool table, etc.) There were multiple accounts set up on eBay to sell the items stolen from Goodwill’s donated goods.

Dietz was out of a job by the end of October 2013.

If you are the victim of wrongful termination the experts at Blumenthal, Nordrehaug & Bhowmik can help you. Call us today.