Taking Work Home With You

By Beth Ensell, Albany Government Law Review

On November 23, 2011, the New York Appellate Division, Third Department issued a decision that allows employers to investigate employee misconduct using Global Positioning System (“GPS”) devices without first obtaining permission from the employee or a court.[1]  The investigation at issue in the appeal centered on Michael Cunningham, the former Director of Staff and Organizational Development for the New York State Department of Labor.[2]  Mr. Cunningham’s employer suspected that he engaged in “a pattern of taking unauthorized absences from work as well as falsifying time records.”[3]  The New York Office of Inspector General (“OIG”), after receiving the case by referral, decided to use a GPS device to assist in gathering evidence against Mr. Cunningham.[4] Continue reading “Taking Work Home With You”