Can an employer track me through GPS on a personal device?

UPDATED: Sep 30, 2022

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Can an employer track me through GPS on a personal device?

I work for an international sales company. My employer has informed me that
I must install a GPS tracking app on my personal mobile phone for the
company to track me during the day. I am not salaried, but commissioned. I
do not have a company phone or company car. The company does not pay
for my phone or data plan. I am not guaranteed my privacy after work hours.
But if I do not comply and download the tracking app, then I will be
terminated. Is this legal? I am in Texas.

My company is forcing about 50 employees to do this or face termination.

Asked on July 14, 2017 under Employment Labor Law, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Actually, this is a legal request and your employer can fire you for not complying with it. That is unless you have an employment contract/union agreement to the contrary, or your treatment consitutes some form of legally actionable discrimination. Therefore, there's nothing illegal about employers tracking their employees. They can make workers install an app on their own device that tracks their whereabouts, even during the employees' free time. Bottom line, there is no law against a company tracking employees. Further if you fail to comply, you can be terminated. The fact is that most work relationships are "at will" employment relationships. This means that an employer can fire an employee for this reason, any reason, or no reason at all.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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