Myrna Arias was a sales executive in Bakersfield for a money transfer service called Intermex. Upon working for the company Arias was issued a company iPhone. The company required employees to download a particular clock in/clock out application loaded on the phone that became the center of Arias’ issues with the company.
When Arias inquired about the app, her boss admitted that the application still tracked the employees’ whereabouts through GPS tracking even after the employees “clocked out.” The boss, John Stubits, bragged that he knew other details about Arias’ whereabouts and habits when she was not working (i.e. he “knew how fast she was driving specific moments”). Arias and other co-workers expressed their discomfort at being tracked 24 hours a day, especially when she was not working.
Arias uninstalled the app after she told Stubits she believed it to be illegal. Stubits’ reply to his employee’s concern was that she “should tolerate the illegal intrusion…” After she uninstalled the app, she was terminated. She met all quotas and had no performance issues, so the application issue was on the forefront of her termination.
After the termination, Arias filed a lawsuit for invasion of privacy, retaliation, and unfair business practices. She is seeking in excess of $500,000 for damages and back pay for being monitored on her days off. According to the suit, “her manager made it clear that he was using the program to continuously monitor her, during company as well as personal time.”
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