Panel Backs Use of GPS Device on State Worker's Personal Car

http://ow.ly/7FGoN

An article in the New York Law Journal by John Caher.

The article discusses use of GPS tracking devices by employers.

The article states, "The state Inspector General's placement of a GPS tracking device on the private vehicle of a government employee suspected of falsifying attendance records did not violate the employee's rights, a deeply divided appeals panel held Wednesday.

The Appellate Division, Third Department, which was previously reversed when it upheld the warrantless use of a GPS device to track a criminal suspect, said the electronic surveillance was justified and reasonable in this civil matter because traditional methods, such as following the employee, had been thwarted."

The article discusses the case, "Cunningham v. New York State Department of Labor, 512036," A link to the case opinion is provided in the article.  The case addresses a situation where a former state employee was long suspected of taking unauthorized absences from work and falsifying time records, and the GPS device was used to confirm this

The article further explains, "The inspector general secured a subpoena to obtain Mr. Cunningham's E-ZPass records and also placed a global positioning system device on his personal car at a time when it was parked in a lot near his office.

Over the span of several weeks, the GPS device recorded Mr. Cunningham's movements, allegedly obtaining evidence that he lied about his work hours. Based on that evidence, he was fired."  The employee attempted to have the evidence gathered excluded from his disciplinary hearing but the evidence was held to be admissible against him. There was a split in the Justices on this matter, and the Court was seemingly divided over this issue.