Employees usually have to compromise their privacy as a condition of their employment. Anything they say and do while at work is subject to scrutiny. The companies that hire them may monitor their use of telecommunications systems. They may have audio and visual recording equipment in the workplace. Managerial oversight is commonplace, and workers generally understand that they give up some of their privacy while on the clock.
In some cases, employers may cross the line and outright violate the privacy rights of their employees. Workers often have questions about whether company practices constitute a violation of their rights or not. For example, perhaps a worker recently faced disciplinary action or lost their job because of employee tracking practices. Their employer may have confronted them about allegedly running personal errands while working. The company may have referenced global positioning system (GPS) data obtained through a proprietary business app, a company-provided device or a fleet vehicle.
Is it legal for employers to track the location of their workers electronically?
Companies have to disclose tracking practices
California has robust privacy protections that apply to employees. However, the law does also extend certain privileges to businesses operating within the state. It is generally inappropriate for one party to covertly track the activity of another using GPS and similar systems.
That being said, there are exceptions for employers who have a written policy about such practices. If an employment contract includes clauses advising workers of the use of GPS on company devices, company vehicles or proprietary apps, then the use of tracking may not be a violation of a worker’s rights.
Frequently, workers who believe that their employers have violated their right to privacy may have forgotten about language buried five pages deep in their initial employment contract. If companies install software or start tracking devices without disclosing that conduct to workers, then the organization may have violated the rights of its employees.
Workers fighting back against a termination they deem unfair or trying to fight back against violations of their privacy need help learning about state law and evaluating their employment contracts. When employers violate worker privacy protections, legal action could be an appropriate response.