You have a right to privacy at work, and home. Employers may require you to carry a GPS device that tracks your location while you are on the clock. However, you do not have to carry the device 24/7.
A Kern County sales executive recently filed suit because she was required to install an electronic tracking application on her cell phone and keep it on 24/7. Concerned about her privacy rights, she asked her supervisor whether the app could be used to track personal activities. Her supervisor admitted that employees are tracked 24/7 and even bragged about knowing her personal driving speeds. She complained and removed the app from her phone. She was verbally scolded and directed to reinstall the app and sign a waiver of her privacy rights. She refused and was fired within hours. Now, she’s suing for invasion of privacy, retaliation, wrongful termination, and unfair business practices.
We have handled cases arising from a right to privacy in restrooms and locker/dressing rooms. No cameras should be in those places. Take note that, most times, you have no right to privacy when it comes to company computers and email.
Rights for employees to remember:
1. You have a right to privacy when off the clock
2. Employers can’t retaliate when you complain about violations
3. You can’t be terminated for trying to enforce your rights
Contact Bryant Whitten – Attorneys for Employees if you have questions.