Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Employer sued for invasion of privacy by tracking its employees’ every move –on and off company time

By Kathryn Rattigan on May 21, 2015
Email this postTweet this postLike this postShare this post on LinkedIn

Can your employer track you 24-7? This plaintiff, Myrna Arias, a former-Intermex sales executive, claims that her employer’s constant tracking of her every move violated her privacy rights. In Bakersfield, California, Arias’ employer required her and her fellow employees to download a mobile app that tracked geolocation, called Xora, that ran constantly on their iPhone. Arias refused to allow her employer track her movements during non-work hours and uninstalled the mobile app, which was against her employer’s policy. Intermex’s response was to fire her. Arias filed a suit against Intermex for invasion of privacy, retaliation, unfair business practices, and damages over $500,000.

In Arias’ complaint, she said:

Xora contained a global positioning system (GPS) function which tracked the exact location of the person possessing the smart phones on which it was installed. After researching the app and speaking with a trainer from Xora, [Arias] and her co-workers asked whether Intermex would be monitoring their movements while off duty. [Intermex] admitted that employees would be monitored while off duty and bragged that he knew how fast she was driving at specific moments ever since she had installed the app on her phone. [Arias] expressed that she had no problem with the app’s GPS function during work hours, but she objected to the monitoring of her location during non-work hours [. . .] She likened the app to a prisoner’s ankle bracelet.

Intermex allegedly not only told her co-workers about her driving speed, but also about the specific routes she took, and the amount of time she spent at each customer location. Intermex’s monitoring of not only Arias’ company time, but of her personal time as well seems to cross the line. We will monitor this case to see the outcome and what type of precedent is set for other employers who want to use geolocational data to ensure employee efficiency.

Photo of Kathryn Rattigan Kathryn Rattigan

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security…

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security compliance. Kathryn helps clients review, revise and implement necessary policies and procedures under the Health Insurance Portability and Accountability Act (HIPAA). She also provides clients with the information needed to effectively and efficiently handle potential and confirmed data breaches while providing insight into federal regulations and requirements for notification and an assessment under state breach notification laws. Prior to joining the firm, Kathryn was an associate at Nixon Peabody. She earned her J.D., cum laude, from Roger Williams University School of Law and her B.A., magna cum laude, from Stonehill College. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.

Read more about Kathryn RattiganEmail
Show more Show less
  • Posted in:
    Privacy and Cybersecurity
  • Blog:
    Data Privacy + Cybersecurity Insider
  • Organization:
    Robinson & Cole LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo