Can my employer search me?
Find answers to your legal question.
Can my employer search me?
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I wanted to know can my employer put their hands in my purse and move things around when searching me when i leave or can they only look and I move my stuff around? Also I live in California in case it matters.
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Shane
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The answer to your question is ABSOLUTELY NOT! Under the Privacy Act of California (California law 90067-2506. 310.556.8861.) You can sue your employer on these grounds (Invasion of privacy.) The only time an employer can legally search through any property is ONLY IF the property belongs to the company. Secondly, in the event an employer feels an employee may have committed theft THEY MUST contact the police and ONLY the police can conduct the search. |
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Don Coreolis
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When you were hired did you sign any document stating your employer had that right? Carefully check your handbook and hiring paperwork. If not you have a right to refuse and if fired for your refusal you'd have an excellent shot of winning a lawsuit!
Jughead - Your employer has the right to set the terms of your employment. If you don't like it, don't take the job, there's no constitutional right to a job. It's also your responsibility to familiarize yourself with the content of any paperwork you sign. I wouldn't be sympathetic to someone who empowered their employer to search them through their own ignorance. |
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jughead
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If you consent to it, yes. Otherwise, if you refuse, your employer would have to call the police who would have to get a warrant to search you or your belongings. Most people don't know this and think that their employers can search them when they get ready. Our constitution gives us the right to be secure in our persons and protects us from illegal search and seisure. We walk around like idiots letting authorities get away with murder because we don't know the freedoms and protections that our constitution guarantees us. Read the Bill of Rights and then exercise those rights.
About signing something, That is considered signing under duress, i.e. you had to sign to get the job, and it's illegal. |
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