Does your job have the right to track your whereabouts with GPS without your knowledge? Even if they're tracking you to try and prove that you are lying to them? That's the question at the core of a new lawsuit brought forth by the NYCLU on behalf of former Department of Labor employee Michael Cunningham who was fired from his $115,000 per year job as director of the staff and organization development based on information gained from a GPS tracker that had been placed on his family BMW.

Our first reaction to the story, legality of tracking your employees aside, was something along the lines of "Dude, you got busted. Live with it." But then we read on. The government didn't just track Cunningham's car, they also got his E-ZPass records to prove their point and had him followed home from work. This lengthy article on the case from the 18-month period between the following and the firing in which Cunningham, the highest ranking African-American manager at his agency who wasn't an appointee, was forced to "work" from home but not contact any of his staff, paints a truly strange picture. In the end he was canned for being "absent from work for 13 hours and 15 minutes for which he failed to charge personal/vacation or sick leave accruals" over a 30 day period. For what it is worth, Cunningham filed a previous suit against the department in 2005 in which he claimed he was discriminated against because of his race.

"While we cannot comment on the litigation, we can reiterate what has been said in the past regarding this case: After multiple disciplinary actions, Mr. Cunningham was found by an independent hearing officer to have defrauded New Yorkers by falsifying time and attendance and travel records which ultimately led to his termination for cause," Labor department spokesman Leo Rosales said of the matter.

Yes, if Cunningham was falsifying his time sheets and such (though: "I work a lot of overtime," Cunningham said, referring to his past with the DOL. "Not one executive I know was punching a clock.") then he probably deserved to go. But is it okay for a boss (any boss, government or no) to slap a GPS on your personal car and not tell you about it?