The suit, which also alleges invasion of privacy and unfair business practices, calls into question the use of 24/7 GPS tracking of employees through a computer software app called XORA. The plaintiff, former Intermex sales representative Maria Arias, was fired after deciding to turn off the app.
“This case raises interesting questions both about the privacy of employees as well as their rights as workers to remain employed even after they have done something that their employers perhaps don’t agree with but could be justifiable under the law,” said Shegerian.
“It’s the kind of case that truly is a sign of the times. Technology has placed this type of unlimited power in the hands of employers. The question is should employers be allowed to assert such power over and above a worker’s right to remain employed.”
“It will be an interesting case to watch,” Shegerian went on to say. “Even though apps like these have been in use for years now, few cases have addressed these issues. However, they are issues that will become increasingly difficult to navigate unless courts bring some clarity and definition to the forefront.”
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