Announcement

Collapse
No announcement yet.

PURSE SEARCH California

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • PURSE SEARCH California

    Can am employer do a search of purses when employees leaving work?

  • #2
    http://www.nolo.com/legal-encycloped...faq-29112.html

    Can my employer search me as I leave work for the day?
    The answer depends on your employer's policies and reason for searching. When courts evaluate workplace privacy claims, they balance the employer's legitimate justification for intruding against the employee's reasonable expectation of privacy. If something of great value to the company has been stolen that day, and the employer decides to search all employees in a reasonable way (for example, searching their bags, not their bodies), then your employer has a pretty good reason to search. Particularly if your employer has a written policy warning employees that they might be subject to search, which diminishes employees' expectations of privacy, this type of search might be legal. However, an employer who does this as a daily routine, targets you specifically without a good reason, or searches more intrusively, will be on shakier legal ground. This is especially so if the employer has no policy on searches and has not conducted searches in the past, which makes your reasonable expectations of privacy stronger.

    PS - You are always free not to take a purse into work.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

    Comment


    • #3
      Originally posted by Betty3 View Post
      http://www.nolo.com/legal-encycloped...faq-29112.html

      Can my employer search me as I leave work for the day?
      The answer depends on your employer's policies and reason for searching. When courts evaluate workplace privacy claims, they balance the employer's legitimate justification for intruding against the employee's reasonable expectation of privacy. If something of great value to the company has been stolen that day, and the employer decides to search all employees in a reasonable way (for example, searching their bags, not their bodies), then your employer has a pretty good reason to search. Particularly if your employer has a written policy warning employees that they might be subject to search, which diminishes employees' expectations of privacy, this type of search might be legal. However, an employer who does this as a daily routine, targets you specifically without a good reason, or searches more intrusively, will be on shakier legal ground. This is especially so if the employer has no policy on searches and has not conducted searches in the past, which makes your reasonable expectations of privacy stronger.

      PS - You are always free not to take a purse into work.
      There was not an exact reason to prompt the search, they posted a sign somewhere near the front of the store stating as of today employees must allow the search or they will be considered non compliant

      Comment


      • #4
        Sounds like they have just put you on written notice of the new policy which puts the searches on more solid legal ground and they have told you the consequences for refusing.

        I suspect if it is a store that they are having inventory loss and this is one way to lessen that (even the threat of a search). I once read that something like 90% of inventory loss is due to employee's stealing rather than the public. Don't know if that statistic is still true. I do know many stores that still do this and other measures to counteract employee theft. Sadly even the honest employees have to deal with it.

        I do agree that you could bring just a smaller purse (the older I get the smaller my purse gets!)

        Comment


        • #5
          Originally posted by hr for me View Post
          (the older I get the smaller my purse gets!)
          Mine too lol!
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            I am a Retail Theft Consultant and answer questions like yours daily. You say you work in a "store" this is a VERY common policy for retailers. Its a means to deter and reduce employee theft. Its legal and done all the time
            http://www.parentnook.com/forum/

            Comment


            • #7
              Also, like many other labor law issues, it can be legal if done correctly. Posting the notice and applying the policy to all employees is much more likely to be legal then no notice and selective enforcement would be. I have worked for employers where we had outside consultants review our policies and suggest changes. This is one of the policies that we did not originally have (not retail) and were told to add one with some pretty tight wording, so we meet the implied notification requirement. I remember in the 1980s we had an employee on video tape taking 6 cases of coffee to his pickup truck, and he ended up suing us for wrongful termination (which he lost).

              Not the question, but anyone who thinks that privacy exists to anything they do on company equipment or resources is seriously uninformed.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

              Comment

              Working...
              X