Cell Phone GPS Tattles on Office Slacker

Fri Aug 31, 2007 12:37PM EDT

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Nothing new about a government employee facing termination for skipping out on the job. But here's the twist in the strange case of John Halpin, a construction foreman for the New York Department of Education: Managers tracked his whereabouts using the GPS receiver in his company-issued cell phone, and now they're using that data to prove that he was lounging at home when he should have been watching people build stuff. 

Records show multiple occasions where Halpin left his job well before his shift had ended. In fact, he's been flagged for up to 83 early exits in a five-month period. (Other evidence points to additional wrongdoing like having someone else stamp his time card for him.)

But it's the cell phone records that have observers wondering how this might shake out in court (a judge has already recommended Halpin be fired). Halpin accepted the phone from the Department but was not informed it would be used to track his whereabouts. Were his privacy rights violated or did he sign on to be tracked when he accepted the phone?

Before you rush to judgment, note that Halpin has also questioned the accuracy of the timestamps and notes that the same data shows that he often arrived early to work, without receiving extra pay.

No matter how you feel about Halpin's personal situation, it's something to think about next time the boss offers you a cell phone free of charge. He might be intending to use its GPS features to keep tabs on your whereabouts.

LINK: "Track" Trick

Comments on Cell Phone GPS Tattles on Office Slacker

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  • 1 Posted by kendall_chong on Thu Sep 3, 2009 4:49PM EDT Report Abuse

    Just like how your company gives you a computer to work, it is their property and they can dictate the rules ie like you have no privacy when you are at work. Plus there is usually a statement that they can and will monitor your activity on the computer (email and/or internet usage). I would expect no less from a company provided cellphone. I would also think that the company already suspects some slacking from John Halpin.

  • 2 Posted by rogueist on Thu Sep 3, 2009 8:49PM EDT Report Abuse

    Most companies that I have written cell tracking software for have had 100% disclosure policies for the employees and actually used it to improve their service. Some companies even used it to reward their employees if they did a job under the time allotted and everything for the job is good and spotless, they can take extra time off at the end of the day, or do more jobs during the day for extra cash. Overall most people have found it to be very positive.

  • 3 Posted by kupriaa1 on Thu Sep 3, 2009 4:54PM EDT Report Abuse

    If the person was not informed that they could be tracked via GPS then this cannot be evidence to fire himn him. He was given a cell phone. Not a device that could track him. There is a sense of deception and certainly lack of information being presented to the worker. He has his privacy invaded. Furthermore- he should have the right to turn the phone off after his shift - unless he is compenssated for his time.

  • 4 Posted by fransmith2005 on Thu Sep 3, 2009 4:03PM EDT Report Abuse

    The workplace is not the only place you need to be careful if someone offers to give you a cell phone. This is another instance where the ability to invade someones privacy is not only more easily acccessible, but also more often used for reasons that are less than benevolent. I would be very careful, whether you purchae the phone or someone else does it for you, check with the carrier and find out what type of software is installed on your phone. I understand there are instances when a GPS is used to protect the safety of another person, but technology is becoming more sophisticated all the time and ALL users of these devices need to be aware of the capabilities of the device they are using. BEWARE, not everyone is looking out for your best interest. Thanks for the post.

  • 5 Posted by tomtycat@sbcglobal.net on Thu Sep 3, 2009 10:16PM EDT Report Abuse

    My City funded park district job provides us with nextel phones that have GPS capability's. TG, there too cheap to pay the few extra bucks to track us!

  • 6 Posted by larsforyou on Thu Sep 3, 2009 4:56PM EDT Report Abuse

    I worked for a small company that offered employees discounted radio-phones. We paid for the cell phone minutes for personal use and used the other features for work. We knew they were gps trackable, but were told the company didnt pay extra for the tracking ability. One day the secretary accidently allowed an employee a view of her monitor with the location shown of another employee that was off the clock for the day.

  • 7 Posted by dmconlin on Thu Sep 3, 2009 3:45PM EDT Report Abuse

    To those complaining about lack of privacy - if you don't want your employer to track you, buy your own cellphone, cheapskate! Not to mention the fact that, outside of your own home, in public places, you have no reasonable expectation of privacy. Since I am not out there doing anything shady, go on, take my picture, let my phone tell you where I am - you're going to find a pretty ordinary life. Isn't it funny that the people complaining most about privacy violation are those with something to hide?

  • 8 Posted by jstanle12001 on Thu Sep 3, 2009 4:43PM EDT Report Abuse

    If you are worried about being tracked, turn off the phone. Especially if you are hiding from the boss!!! DUH!

  • 9 Posted by commorancy on Thu Sep 3, 2009 3:28PM EDT Report Abuse

    Just because the phone tracked to be at home doesn't mean Halpin was. People do forget their phones at home. And, even if calls were made from that phone at home, it doesn't mean that Halpin made them (unless they were also recording his calls). So, there are arguments that can be made when the tracker shows the phone was at his home when it shouldn't have been. I think people tend to forget that cell phones are not an appendage and they can be lost, forgotten or used by someone else. The only way to prove that a given person used a specific phone at a specific time is to record calls being made and then make voice comparisons.

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