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  1. #1
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    Sep 2019
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    Default Is It Legal for an Employer to Search Your Purse Before Leaving the Workplace

    My question involves labor and employment law for the state of: California

  2. #2
    Join Date
    Oct 2014
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    7,409

    Default Re: Is It Legal for an Employer to Search Your Purse Before Leaving the Workplace

    Quote Quoting Joyelynn
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    My question involves labor and employment law for the state of: California
    It would help if you provided information about the employer (is it a private company or government agency), what its policy is, why the company has the policy, and how the company does the searches. In general, though, an employer cannot force you to give up the purse for a search, but if you fail to comply, the employer may fire you for your refusal. Since you know the employer's policy on this if you want to stay employed and don't want your purse searched, don't bring the purse into the workplace to begin with.

  3. #3
    Join Date
    Sep 2019
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    Default Re: Is It Legal for an Employer to Search Your Purse Before Leaving the Workplace

    Yes it is a private company. Walmart, to be exact. Never knew about a purse search policy. Only knew they search bags after you make a purchase.

  4. #4
    Join Date
    Mar 2013
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    17,137

    Default Re: Is It Legal for an Employer to Search Your Purse Before Leaving the Workplace

    There's a lot of discussion on the internet on this topic that might interest.

    https://duckduckgo.com/?q=employer+s...se&t=h_&ia=web

  5. #5
    Join Date
    Jan 2006
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    38,728

    Default Re: Is It Legal for an Employer to Search Your Purse Before Leaving the Workplace

    Quote Quoting Joyelynn
    View Post
    My question involves labor and employment law for the state of: California
    An employer can make it a condition of employment where if you refuse they can terminate your employment. Otherwise, (generally speaking of private employers), unless the employer wishes to employ a legal right afforded them by shoplifting laws, they cannot demand to allow a search. Of course, if they have reason to believe you have stolen property concealed in your purse, they are free to call the police to deal with the issue.

  6. #6
    Join Date
    Jan 2011
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    285

    Default Re: Is It Legal for an Employer to Search Your Purse Before Leaving the Workplace

    I have worked at employers where your purse/briefcase/backpack etc. was x-rayed and you had to walk through a metal detector both on the way in and on the way out. I understood why they did it and had no problem with it.

  7. #7
    Join Date
    Jan 2006
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    Default Re: Is It Legal for an Employer to Search Your Purse Before Leaving the Workplace

    I currently work where my carried gear is x rayed and I pass through a metal detector and then an explosives detector. I’m subject to further inspection if needed.

    I understand All of that and willingly comply but that doesn’t make a forced search of a persons handbag or anything else legal in typical employment situations. If a person does not wish to allow a search, the employers ability to demand such is extremely limited. In most cases the employer is not allowed to force a search. Of course the employee can be punished, including termination, if the employer so chooses.

    In my situation, if I do not wish to be subject to the security matters, I don’t go to work there. Depending on the results of the X-ray, metal detector, and explosives detector, due to where I work, a further, non-voluntary, search can be legal under certain circumstances (some quite unique laws apply to my place of employment) If I’m already inside the station, the employer could attempt to force me to be subjected to an exit search (and due to where I work it can actually be forced upon me under certain circumstances), but in most cases, the employer could not force an employee to subject themselves to a search. As I stated previously, if an employer has the right to enforce shoplifting laws, some searches can be lawful (depending on state and reasoning). Without such support, the employer has little right to force anything. Again, the employer is relegated to applying administrative actions such as termination of the employee refuses to comply.

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