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  1. #1
    Join Date
    Jul 2005
    Location
    Yuba City
    Posts
    1

    Default Violation of Employee Rights

    I am trying to find out if my employee rights were violated when recent events occured at my workplace.

    On a recent workday, I was notified by my department manager that a company rep was inspecting my personal bag that I left in my department. The rep said he was within his rights to look through any employee's personal items because of his position with the company, and that he didn't have to inform the owner when he decides to do this. On a second incident, I caught the same person taking my bag out of my department. I stopped him, and after a heated confontration, I got my bag back.

    On both incidences, the same person acted without my knowledge or permission. I also questioned the store manager after the first incidence. He told me that it was company policy.

    The company's policy does state that personal things can be inspected for safety and drug use reasons. However, I always thought that the owner must be asked beforehand and present when any inspection occured. Further, I don't feel it right that personal property be taken without knowledge or approval.

    I would like clarification on California's employment law. I would like to know if what transpired was legal, and what my options are in this matter.

    Thank you

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Workplace Search Policy

    California employers can have pre-announced search policies which permit them to search employee possessions and employee lockers on their premises. It is good practice (but not required by law) for the employer to have employees sign an acknowledgement that they have read and understand the policy. Such a policy should also be should be clearly established, understandable to the employee, and capable of fair administration. In the absence of such a policy, searches of places or items in which the employee would otherwise have an expectation of privacy can constitute a violation of the employee's rights.

    If you believe that the searches were in violation of the policy, or if the policy is confusing such that you cannot understand when it applies, or that the person searching your property was doing so for an improper purpose (e.g., to steal valuables) and your employer failed to take appropriate remedial action, you should consult a local plaintiff-side employment lawyer about your situation.

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