State Worker Busted By Tracking Device
Regardless of job occupation, all employees are under some form of oversight and management. This is because workers must be held accountable for their job performance and behavior while on the clock. This is also the reason why Labor Department officials based in New York chose to call upon the use of a GPS tracker when they suspected an employee by the name of , Michael Cunningham was falsifying time sheets. Although the data from the GPS tracking device reinforced what officials initially believed, a lawyer working for the New York Civil Liberties Union has claimed that by using a GPS tracker to monitor the driving activity of Cunningham that city managers violated the privacy rights of the employee. Now the case is being reviewed by the highest courts in the state of New York and will certainly set a precedent on how employers utilize GPS tracking technology to monitor employees.
What Cunningham’s Lawyers Are Saying
Defense lawyers working on behalf of Cunningham have an issue that that Labor Department did not first obtain a warrant before placing the GPS tracker on his automobile. They claim that since the tracking device was placed on the personal automobile of Cunningham, the GPS tracker recorded driving data 24 hours a day and that the employee was given zero notice about the vehicle tracking hardware that his rights were violated. The claim is that even though the Labor Department may have had reason to believe Cunningham was lying on his time sheets he provided to his employer the use of a GPS tracker was a far too intrusive way to gather evidence. Therefore, the lawyer and Cunningham are making every effort to have the data captured by this GPS tracker removed. Officials weighing in on Cunningham’s request to have evidence gathered by the GPS vehicle tracker denied his appeal and the employee was soon fired. Even the State Assistant Solicitor General weighed in on the case and argued that using the GPS tracking unit was more than acceptable in this situation because Cunningham was both aware he was under a investigation for possible time sheet fraud and because the employee often used his personal vehicle to conduct business meetings. Do you think that companies should be allowed to use GPS tracking devices to monitor their assets and employees? Do you think those working for the state/government should be monitored using GPS trackers?