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Woman canned for deleting app on her work phone
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poopsnack



Joined: 15 Jan 2004
Posts: 2852
Location: Mid West
Woman canned for deleting app on her work phone  Reply with quote  

So, I figure I will get some push back on this, but I side with the company in this case. The key here is, it is THE COMPANY'S phone. Get your own phone and do with it as you please. I am not all about siding with big companies or big brother, but Jesus. Leave the phone at home when you are off the clock. Wanna use their phone for personal shit on your own time? Cool, just know they can see where you are.

http://money.cnn.com/2015/05/13/technology/fired-gps-app/index.html

A woman in California says her boss forced her to download a phone app that tracked her 24 hours a day. When she deleted it, she was fired.
Myrna Arias is now suing her former employer, Intermex, a wire transfer business that lets customers send money to Latin America.
The lawsuit Arias filed last week in a California state court accuses Intermex of invading her privacy, wrongful termination and unfair business practices. She's seeking $500,000 in lost wages.
Intermex, which is based in Miami, did not return calls for comment.
Arias, 36, is a single mother of two kids in Bakersfield, which is about half way between Los Angeles and San Francisco. Her story begins last year in February, when she started working at Intermex as a regional sales executive.
It was her job to travel across Central California, visiting bodegas and Hispanic business owners to convince them to install Intermex machines.
With all that time on the road, how did Intermex keep track of employees? Arias says it relied on an app called Xora.
Xora is a legitimate corporate software found in the Apple (AAPL, Tech30) iTunes and Google (GOOGL) Play app stores. Xora lets employees clock in and out, fill out forms and log trips. But it also tracks workers' locations via GPS, constantly sending that information back to the boss.
After two months on the job, Intermex forced Arias and other employees to download the Xora app onto their company devices, according to the lawsuit. The company also told them they needed to keep their phones on all day, every day.
But Arias became uncomfortable when she realized her boss could physically track her nonstop. It only got worse when her direct supervisor joked that "he knew how fast she was driving" on any given day, the lawsuit claims.
"She was offended that the app would track her when she was at home with her family doing personal, private things on the weekends," said Arias' attorney, Gail Glick.
Arias and another coworker complained and deleted the app. A few weeks later, they were both fired. Only Arias has sued so far, Glick said.
Employers have been using Xora for years. It's been popular since at least 2006. But this court case poses an interesting question: Does a boss have the right to track you all the time?
Arias, through her attorney, declined to be interviewed. But her lawyer said there are limits on what employers should be able to track.
"What business is it of my employer whether I go visit my grandmother?" Glick asked. "Or go to a bar? Or travel out of town for the weekend? None. It feels like big brother."
Post Wed May 13, 2015 4:51 pm
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Sage Francis
Self Fighteous


Joined: 30 Jun 2002
Posts: 21737
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I don't see how any of her complaints hold water if it's a company phone that she's not being forced to use during personal time. But the tracking shit is kinda weird. I don't know. Glad I don't have to answer to any bosses or rules like that.
Post Wed May 13, 2015 6:11 pm
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Mark in Minnesota



Joined: 02 Jan 2004
Posts: 2066
Location: Saint Louis Park, MN
 Reply with quote  

A salaried employee who agrees to carry a company phone 24x7 and has no expectation of privacy for the data on that company phone is in a challenging position, and there's very little statutory relief for them on the federal level.

Easy enough to say "Well, leave the phone home" or "well, turn it off when you're not using it for work related purposes" -- but especially as you get into the true management positions where co-workers need to reach you at any hour, where is the line drawn there?

What's got me interested here, though: this is going to be a more and more contentious issue the further we slip into BYOD ("Bring Your Own Device") practices. What rights does an employer get to mandate data practices on your phone when you're using a phone that you own and pay for to do a mixture of work-related things and personal things?

Should Tom Brady's employer have been able to sanction him for refusing to turn over his personal cellphone for an investigation into alleged workplace misconduct? Or should he have had some protection there?

Government needs to intervene here, the same way they did in the 1990s with the Fair Credit Reporting Act.
Post Wed May 13, 2015 10:59 pm
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poopsnack



Joined: 15 Jan 2004
Posts: 2852
Location: Mid West
 Reply with quote  

Mark,
She could always have call forwarding set on her work phone so if someone needed to reach her off office hours it could push to her personal line. Easy fix if the worker happens to be in one of those roles at a company but values their privacy.

As far as Brady goes, he didn't have to turn his phone over because it's not a legal issue. However, it is a conduct issue, and he is held to NFL conduct standards. Theoretically, they could kick him out of the NFL. The punishment wouldn't fit the action, and it would be total bullshit, but it's the NFL. If they want you to do stupid shit like talk to the media (Beastmode) and cooperate with investigations you better do it, or they will punish you. Players better not carry a sharpie in their sock, either.
FWIW I think the Brady punishment was severe, but after Spygate the Patriots have a target on them. The NFL is crazy hard on things that happen within their domain, and it seems lopsided based on NFL punishments for legal issues NFL players get themselves into.[/i]
Post Thu May 14, 2015 12:03 am
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Mark in Minnesota



Joined: 02 Jan 2004
Posts: 2066
Location: Saint Louis Park, MN
 Reply with quote  

Work phones aren't just phones anymore, at least not usually. They often have email access, possibly access to cloud document stores, maybe even stuff like VPN clients or soft tokens. Call forwarding isn't an answer for most users left in this situation.

As far as Brady goes: I suppose I figure either personal devices are sacrosanct or they aren't. Either the NFL should never have asked and were totally out of line for even suggesting it, or this California woman trying to shift her work functionality onto a personal cellphone wouldn't have changed anything for her.
Post Thu May 14, 2015 8:39 am
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