Comment Re:Irrelevant... she signed the contact... end (Score 1) 776
This is all irrelevant. She consented to have the app running as a condition of her employment, and she removed it, and got fired. This is a simple cut and dried case.
There is an area of law that states that contracts are only enforceable if they are legal and at least somewhat fair - there are things that simply cannot be signed away, as well as those that are considered unconscionable additions that have higher scrutiny by the law in order for you to do so. For example, while it is totally legal to give up your children to another (adoption, etc.), it would never be considered legally binding if a work contract had a clause in it requiring you to. Likewise a clause requiring you to perform fellatio might be upheld in a contract for a porn star - it's part of the main focus of the job - but would never be considered a valid clause for pretty much any other job out there.
Well, and think back before 'apps' and mobile/cell phones. Can anyone name a single job on the planet that required you to be radio tagged 24/7, even when off work?
We don't even need new laws to handle this (like 99% of all "new problems" that technology brings up do not require any new laws....just common sense).