Vehicle tracking is one of the ways companies used to check on their employees on issues concerning security. However, there are some things an employer must do in order to legally start tracking his or her employees.
Can my employer track my vehicle?
The laws around tracking employees and their vehicles vary from state to state. However, there are some general rules that apply in most cases. If the vehicle is company-owned, then it is generally legal to install a GPS device on the car. However, if the employee owns the vehicle, then employers must get consent before installing a GPS device. There are some exceptions to this rule—for example, New York law allows employers to track company-issued vehicles without consent—but in general, it is advisable to obtain consent from employees before tracking their movements.
Can my employer track my vehicle if I am using it for personal reasons?
An employer can track a company-owned vehicle for legitimate business reasons, such as ensuring that the driver is using the vehicle for work-related purposes only. However, employees have a right to refuse to have a tracker fitted to their company car if they feel it violates their privacy rights. If an employee feels that their employer is tracking them inappropriately, they may have grounds for a legal case.
Are there any exceptions to the rule that my employer can’t track my vehicle?
No, employers cannot track personal vehicles of employees. This is because there are no exceptions to this rule as state in the National Labor Relations Act (NLRA). The NLRA states that “Employee Rights: Employers shall not interfere with, restrain or coerce employees in the exercise of their rights guaranteed under Section 7. The employer agrees that he will neither discharge nor discriminate against any employee for exercising their rights guaranteed under Section 7.” (Section 7 is the section that protects employees’ right to organize.)
The NLRA also states: “Employee Rights: Employees shall have the right to self-organization; to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing; and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid. This makes it clear that employers have no right to track employees’ vehicles or monitor their off-duty activities.
Employers often try to justify tracking employees’ movements by saying they are protecting the property of the company, but this is illegal. Employers also claim that they are concerned about employee theft, but employees have a legal right to take property from work with them.
What are the consequences of my employer tracking my vehicle without my consent?
Employers may track employees’ vehicles by installing GPS devices on them, but this can be considered a violation of privacy. Employers who install these devices should first notify their employees and get their consent. If no notification is given before the tracking, it can be considered that the employees’ privacy has been invaded, and it is punishable by the law.
Can I sue my employer if they track my vehicle without my consent?
Yes, employers may track their employees. But they must have a legitimate business reason for doing so. The tracking methods used must be reasonable and not overly intrusive. For example, employers can not use satellite tracking to follow their employees around. But tall cameras on company property can be used to watch employee parking lots. The primary purpose of tracking employees is usually to ensure that the employer’s equipment and property are not damaged or stolen. This includes monitoring for excessive tardiness, unexcused absences, and poor job performance.
Employers must also be careful to ensure that they are not invading employees’ privacy in the process of tracking their vehicles. For example, an employer may not track an employee’s vehicle to a bar, or anywhere else the employee has a reasonable expectation of privacy.
Employers should also be aware that employees may have some legal protection against tracking their vehicles. For example, a few states have passed laws prohibiting employers from tracking employees’ locations without their consent.
Employers should also be careful to ensure that they are not violating any state or federal laws in the process of tracking employees’ vehicles. For example, employers may not track an employee’s vehicle if they are required by law to obtain a search warrant before doing so.
Employers should also be aware that they may create liability for themselves if they track an employee’s vehicle without his or her consent and then respond to a situation in which the employee is injured.
Read Also: Can a Car Tracker Record?
What are some ways that I can prevent my employer from tracking my vehicle?
Some precautions can be taken in order to prevent employers from tracking a vehicle. One solution is to use an app on a smartphone that turns the phone off when it detects motion and then back on after the motion has stopped. Another idea is to use a GPS jammer, which blocks all satellite signals in a certain area, preventing any tracking technology from accessing location information.
The app solution is not foolproof, since the app must be on all of the time to work. The GPS jammer, however, will only prevent tracking while it is turned on. Employees can also try to be aware of their surroundings. If a person is being followed, they can turn down roads in order to throw off anyone who may be following them.
What should I do if I think my employer is tracking my vehicle without my consent?
If you think your employer is tracking your vehicle without consent, you should talk to a lawyer, if that proves abortive you can contact or call the U.S National Labor Relations Board at 1-844-667-6272 to file a complaint.
Frequently asked questions
Can my employer track my vehicle if I am using it for personal reasons?
It is a common misconception that your employer can track you in any way they please if you are using the vehicle for personal reasons. The reality is that there are strict laws protecting people from being tracked by their employers. In this case, your vehicle is considered property and so the same rights apply.
Can my employer track my vehicle if I am not using it for work purposes?
There are many different types of GPS tracking devices that can be installed in a vehicle. These trackers may be used for purposes such as monitoring the whereabouts and movements of an individual or vehicle. Your employer may be able to use a GPS tracker on your vehicle if it is used for work purposes.
Can my employer track my vehicle if I am on vacation?
Your employer may be able to track your vehicle if you are on vacation. Some employers use GPS tracking devices and the like, which will tell them where an employee is at any given time so that they can monitor their whereabouts.
Can my employer track my vehicle if I am fired?
Yes. Your employer can track your vehicle in order to find out where you live, what time of day you leave for work and when you come home, who is with you during the commute, what you do in your vehicle, and more. However, you have to consent to it.
