california and one outside of california to try the app out to see if it would work well and to roll it out nationwide for the company. >> she's likened it to feeling stalkled if the phone belongs to the company, it's their property. some would argue they have the app be running whenever they deem to have the app on. what's your response to that? >> it's an invasion to privacy. they have no legitimate reason to track her movements after hours. we assert she had every right to turn on the gps deuring non-wor hours. her boss told her she was was not allowed to turn on the gps function and scolded her when she turned off the gps function on in the evening. >> did she have any complaints or was her performance stellar?