Email

As an update to last week’s article about the individuals in New York who were fired based on GPS tracking data, one of the individuals in question is suing the New York government, claiming that it was an unreasonable search of his private data. New York Civil Liberties Union attorney Corey Stoughton said, “Our argument is that even under the lower standard this is clearly an unconstitutional search,” when asked about the pending lawsuit.

In August, the plaintiff, Michael Cunningham, was fired after his employer, the New York State Government, tracked his activity on his personal car with a GPS system. Upon discovering that he was not completing work-related activities on the job, they fired him.

While the GPS tracking evidence was not the only evidence cited in the case, the firing relied heavily on the GPS tracking data.

The state says: “While we cannot comment on the litigation, we can reiterate what has been said in the past regarding this case: After multiple disciplinary actions, Mr. Cunningham was found by an independent hearing officer to have defrauded New Yorkers by falsifying time and attendance and travel records which ultimately led to his termination for cause.”

Is it valid to use GPS tracking data to fire an employee? According to a 2008 case, no, it is not. However, this case falls into a gray area, as this was not based on personal time outside of work. Instead, this case, the state argues, is directly relevant to its financial interests.

If the employee in question, as well as the other employees who were fired, were in fact cheating their employer out of money, then the firing may hold up in court. A date for court proceedings has not been set.

Article Written by Greg Minton