Is it legal that your company can monitor you throughGPS without prior notification?

UPDATED: Dec 10, 2011

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Is it legal that your company can monitor you throughGPS without prior notification?

Got an email from my company with GPS coordinates for the week and also checking my phone records. Is this legal without notification? In NH.

Asked on December 10, 2011 under Employment Labor Law, New Hampshire


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

Answered 11 years ago | Contributor

In most states, there is no hard and fast rule regarding such monitoring. The fact is that eemployees typically have no expectation of privacy in the workplace, including for the most part their company vehicles. If an employee is using their own vehicle and uses it for both business and personal use, they will have a good argument that the times in which they are driving it for personal use, privacy rights apply. However, in the alternative, when they're on company time and the company is paying for the use of the vehicle, they likely do not have an expectation of privacy. As for an employee receiving prior notice of such monitoring, this can have an effect on claim of invasion of privacy. I believe this to be the case in NH.

At this point you can contact your state's department of labor to inquire further or you can consult with an employment law attorney in your area; they will best be able to advise you as to specific state law. 

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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