The case of a Canadian company that recovered damages in court from a former employee accused of "time theft" raises the question of whether U.S. employers can similarly use electronic monitoring to persuade courts to award them damages. Several legal experts say that's usually not possible, but one attorney says U.S. employers can do so.
Canadian Case Involves AI-Based Software
A former accountant at accounting firm Reach CPA on Vancouver Island in British Columbia was ordered to repay her former employer for time theft after tracking software indicated she had performed personal tasks while working, according to CBS News. The firm countersued her for time theft after she sued claiming she was wrongfully dismissed and that the employer owed her unpaid wages and severance pay.
"[W]e value the privacy of our employees," Reach CPA said in a post on its website. "We also want to make sure they have the tools they need to do the job right and with minimal stress. That's why, when the former employee expressed her troubles in properly keeping track of her time, TimeCamp software was suggested. Reach paid for the [license] and the employee voluntarily installed the software on her device."
Reach CPA added that TimeCamp is an artificial intelligence-based management software that tracks how a computer is used. "This software is not required for our remote workers and only a handful of employees use it," the firm said.
"Only after we noticed a number of red flags in the reporting...
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