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does an employer have the right to search?

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  • does an employer have the right to search?

    Does an employer in Mississippi have the right to search the private automobile of an employee?

  • #2
    Is the automobile on the employer's property?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Unless you know something I don't about the situation, cars may definately searched.

      I travel often to Distribution Centers and warehouses. My rental cars are ALWAYS searched when I leave.
      Not everything that makes you mad, sad or uncomfortable is legally actionable.

      I am not now nor ever was an attorney.

      Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

      Comment


      • #4
        search

        Originally posted by Stridor View Post
        Does an employer in Mississippi have the right to search the private automobile of an employee?
        Are you working at (deleted), and did they think you stole something. Once you go out of your gate or door from employment, I don't see how they could. I'd talk to a lawyer. Meaning you did not have anything you were stealing from them.
        Last edited by cbg; 05-26-2008, 04:55 AM. Reason: word

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        • #5
          Originally posted by Stridor View Post
          Does an employer in Mississippi have the right to search the private automobile of an employee?
          Most likely they do have the legal right to search the private automobile of an employee, Stridor. Certainly IF the auto is on property belonging to the ER they can not only search but seize if they find any suspected stolen merchandise, weapons, or illegal drugs/contraband.

          I would be surprised to find out that it isn't posted that the employees can and will be subject to searches of private property/autos. At a minimum be addressed in the employee handbook.

          KM
          Information posted by me is my "OPINION". I do NOT give legal advice to anyone as like most here I am NOT an attorney.

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          • #6
            It might help if we had more details.

            However; if they were asked if their auto could be searched & they agreed & unlocked it, I would not see a problem. If it was locked & they wouldn't unlock it, I don't think I would break in. I guess though they could be fired for not cooperating with a search.

            There could be an employee handbook or CBA in some cases that might address this.
            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.

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            • #7
              Originally posted by silkwood View Post
              Are you working at (deleted),
              No, he doesn't.
              Last edited by cbg; 05-26-2008, 04:55 AM.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                search car

                Originally posted by Stridor View Post
                Does an employer in Mississippi have the right to search the private automobile of an employee?
                I think if they thought it was drugs and it was your car, they should have called the police department. Was the police department involved in any way?

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                • #9
                  We're all guessing here. Until Stridor comes back and tells us WHY a search was conducted, or why the employer says a search MAY be conducted, we're just spinning our wheels.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    Originally posted by Pattymd View Post
                    We're all guessing here. Until Stridor comes back and tells us WHY a search was conducted, or why the employer says a search MAY be conducted, we're just spinning our wheels.
                    Okay, if you are spinning your wheels, then that sounds to me like you got in the car illegally!
                    “Be not niggardly of what costs thee nothing, as courtesy, counsel, & countenance.”

                    --Benjamin Franklin

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                    • #11
                      None of the above

                      I work in a very bad area and I carry a gun. I am legally allowed to carry it and the law gives me the right to carry it onto the company property because they consider my car my property. So long as I leave the firearm locked in my car I am in compliance with the law. The law further states that violating the rights of a concealed carry licensee is a felony punishable by fine and imprisonment. The company has their panties in a wad about a medic who just shot a guy around the corner while leaving work and now they want to search vehicles all the time. No security or anyone trained in the proper methods of search and seizure just, "Hey dude, we're looking in your car, open it up."

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                      • #12
                        There was a widely publicized case not dissimilar to this question maybe five years or so ago, regarding the right of the employer to prohibit guns on their property (even if carried legally) vs. the right of the employee to have the gun in their possession. But I can't recall what the final decision was, and the case was not in your state (or even your circuit/district). I'll do some research and get back to you, if Joe or Betty doesn't beat me to it .
                        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                        • #13
                          Several states, Mississippi included, have passed parking lot gun laws explicitly allowing employees to keep guns in their cars since then.

                          Seriously, no one but you should even know about your gun, even if you are in a state with a parking lot gun law. Most people who get canned over this issue do so after showing a coworker their gun. Yet another reason not to bring your personal life into the workplace.

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                          • #14
                            Originally posted by Stridor View Post
                            I work in a very bad area and I carry a gun. I am legally allowed to carry it and the law gives me the right to carry it onto the company property because they consider my car my property. So long as I leave the firearm locked in my car I am in compliance with the law. The law further states that violating the rights of a concealed carry licensee is a felony punishable by fine and imprisonment. The company has their panties in a wad about a medic who just shot a guy around the corner while leaving work and now they want to search vehicles all the time. No security or anyone trained in the proper methods of search and seizure just, "Hey dude, we're looking in your car, open it up."

                            W/B Stridor. Sounds kind of strong arm to me.

                            Is there anything in the company handbook that addresses your company's policy regarding carrying a weapon on company property, in your private vehicle or otherwise? What about signs being posted around the company property?

                            It sounds like they let just anybody and everybody conduct the searches. No one is specifically trained to do so. Is that right? I would think at a minimum they would be required to have someone that is trained to conduct the searches.

                            Bottom line Mississippi is an "at will" state. You probably don't "have" to let them search you. By the same token they probably don't "have" to keep you employed. (Unless of course you have an employment contract or CBA to the contrary.)

                            Carrying a weapon, be it permitted or otherwise, is not a protected characteristic. I expect that is where this will end up falling.

                            Don't get me wrong I don't necessarily agree with it as having that weapon on you could vary well save your own or someone else's life one day. Who knows the life you save may very well be that of the folks wanting to search you.
                            Information posted by me is my "OPINION". I do NOT give legal advice to anyone as like most here I am NOT an attorney.

                            Comment


                            • #15
                              Originally posted by Kick Me View Post
                              ...
                              Carrying a weapon, be it permitted or otherwise, is not a protected characteristic. I expect that is where this will end up falling.
                              ...
                              Actually, it is in Mississippi.

                              Originally posted by Mississippi Code §45-9-55
                              Employer not permitted to prohibit transportation or storage of firearms on employer property; exceptions; certain immunity for employer.

                              (1) Except as otherwise provided in subsection (2) of this section, a public or private employer may not establish, maintain, or enforce any policy or rule that has the effect of prohibiting a person from transporting or storing a firearm in a locked vehicle in any parking lot, parking garage, or other designated parking area.

                              (2) A private employer may prohibit an employee from transporting or storing a firearm in a vehicle in a parking lot, parking garage, or other parking area the employer provides for employees to which access is restricted or limited through the use of a gate, security station or other means of restricting or limiting general public access onto the property.

                              Comment

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