With technology playing a bigger role in the workplace, it’s possible to use GPS tracking to manage deliveries, vehicles, inventory, but what about employees? Is it legal for your employer to use GPS to track employees?
Several Supreme Court cases have set precedent regarding GPS tracking. The police are not allowed to do it without a warrant, since GPS tracking can reveal such personal details about an individual’s life that it constitutes unreasonable search. Tracking employees without their consent is almost certainly illegal. But what about vehicles owned by an employer?
Most experts agree that employer-owned vehicles are much like employer-owned phones, computers and email. Employees should have no expectation of privacy while using these items since they belong to the employer. However, an employer should also make it very clear when and how employees are being tracked if they elect to use GPS technology on these devices. Employers should also have a good reason to use tracking and be able to tell employees exactly why it’s being used and for how long. Managers should not rely too heavily on this technology, using it sparingly and for short periods of time only.
If you use a personal car for work-related activities, make sure any tracking technology can be turned off to avoid intrusion into your personal life. If devices that you carry with you have tracking enabled, turn them off when you leave work or disable the tracking when you are not at work or on duty.
If you find that your employer has been tracking you without your consent, or if you have been the target of workplace harassment, discrimination or unfair termination, Bouchillon, Crossan & Colburn, L.C. represents clients in federal court and before the EEOC, MSPB and in state and union grievance hearings.
Our attorneys have more than 35 years dedicated to giving clients the attention, advice, support and empowerment they need to effectively meet their goals. We are committed to the principle that all persons shall have equal justice under the law. Call Bouchillon, Crossan & Colburn, L.C. at 304.523.8451 or contact us online to schedule an appointment.