GPS Vehicle Tracking Systems - Two Sides of the Story

For alleged violation of privacy, there is another case of an employee suing his former employer. Through the New York Civil Liberties Union, a state training manager, who was fired for time sheet violations, filed a lawsuit against the Labor Department. The fired employee, in his complaint, said that he was tracked with a GPS device that was placed in his personal car. According to a NYCLU lawyer, such use of GPS technology is an “unprecedented degree of government intrusion”.

The employee was quick to explain why he was fired from his post. He said that some employees were pressured to attend a prayer breakfast sponsored by a Governor. He was punished because he was the one who stood up for these employees. The Department of Labor belied his claims and said that the real cause was his improper filing of time sheets.

Why did the employee point out the use of the tracking device as his basis for complaint? The device was placed in his car so that his activities at work could be tracked. This came about after allegations arose that he claimed pay for hours when he was not doing his job. The period of surveillance was only supposed to cover his official working time. What happened was that the observation continued during evenings and weekends. On top of this, the employee’s vacation with his family did not escape the GPS device.

Because there were hints of abuse, an assistant attorney general explained that the employee’s alleged misbehavior at work is enough to merit tracking. The main purpose was to establish proof that the employee indeed committed a continuing misconduct. He, himself, claimed that he worked odd hours at his job. In order to find out if he was working these odd hours, there was a need to track him.

There was a ruling of a top court in New York in 2009 that before tracking a suspect, police must first get a court warrant. To get it, they must establish probable cause that without such action, the truth would be hard to come out. Now the courts are asking some questions as to the legal use of a GPS tracking device. How about if the device would only be used in the duration of an employee’s work hours?

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