Is it legal for an employer to inspect an employee's bag / belongings or purse?

Question

Is it legal for an employer to require an employee to submit to an inspection of all his or her belongings whenever the employee leaves the store? This employee was never told s/he would have his or her belongings (bag, purse) inspected whenever s/he would leave the store but was required to open his/her bag and have it inspected by his/her supervisor. Is this a legal search? The employee is also escorted to the store's exit after the inspection has been completed, perhaps to ensure that s/he will not put anything in his/her purse/bag while exiting the store. S/He was never told during pre-employment talks or the interviews that this would be required of him/her and was not given any papers to sign to indicate agreement to these searches.

Answer 1

Although the U.S. Constitution includes a right to privacy and prohibits unreasonable searches, these protections don't extend to private (that is, nongovernmental) workplaces. So, yes employee searches are legal. So are video cameras (except restroom and changing areas) monitoring employee use of company computers and telephone equipment. They can search your desk or work area also.

Answer 2

They obviously have a problem with employee theft. I remember the same thing happening when I worked at Walgreens 100 years ago. Actually it is not legal and a form of false imprisonment. That place is trouble. Get out of there and find another job.

Answer 3

I would simply refuse to consent to the searches. Walk out on your own, without following this procedure. If he attempts to use force to make me comply, I would talk to a District Attorney about false imprisonment charges.



He cannot fire me for cause, since I didn't consent to such searches and a search of your purse without cause is unreasonable. He can fire me without cause, but you know when you take a job that they can always do that.



To avoid a pointless confrontation and take the high road, let your employer know *in* *writing* that after a particular date (say, the date you hand him the letter) you will no longer consent to any more searches of your personal belongings such as your purse. If he wants to fire you without cause in response to that letter, he can. To protect yourself, note in the letter that you were not given any prior notice that these searches would be conducted.

Answer 4

I don't believe so, 'illegal search and seizure' applies to your purse, they have no probable cause for searching and they ARE NOT LEGAL REPRESENTATIVES OF THE THE STATE. Even if you shoplift in a store they have to call the police to have the police search you. I'd tell them to go pound sand. As far as I'm concerned that implies that they think you are a thief and in America we are INNOCENT until PROVEN guilty.

Answer 5

I'm sure that this is not legal. I think the employer must tell you that they will be conducting these searches before an offer of employment is made/accepted. And I think these searches have to be carried out by same sex superiors. It's worth checking out with citizens advice.

Answer 6

Within the employer's premises, yes, it generally is legal.



As long as they do it politely, without harassment, or force.



As long as they do not discriminate one particular person, unless they have reason to do so ( like a tip ).

Answer 7

Depending on the state, it is legal. Maybe they have had a lot of theft and are protecting themselves. If you have nothing to hide, you shouldn't mind. If you do, quit.