Searching employees at the workplace?

Question

What are the laws on searching employees
Can random searches be put in place, what are the boundarys for searching can people actually like touch you, you know how they do at the airport with your legs and arms, is this allowed??
can they search every littl epart of your personal belongings
with no sufficient grounds to search you..simply saying they are doin it randomly??

Answer 1

If your employer is a major company, then they should be displaying the right to search posters or notices in staff areas.



If they have this, then they can have any employee searched at anytime.



However, when a search is conducted, then there should be two people present, one male and one female.



However a female employee can ask for two females.



They do not have the right to physically touch you, but have the right to go to a certain extent of search. ie take off your shoes, look in bags etc.



They also have the right to search your car hould they have grounds to.

Answer 2

1

Answer 3

Don't you think consent is necessary? Maybe during the hiring process, you were told that all employees are randomly searched. You had a chocie not to accept that kind of employment. Or maybe an employee is asked, "Do you mind if we search you?" You can say "yes" or "no." If there are abuses, harassment or matters of discrimination, an employee may have other legal recourse. If the employee is protected by a labor union, it may be possible to file a grievance.

Answer 4

A private individual (which includes your employer) can legally search you only if you give permission.



If you don't, and they have "reasonable suspicion" that you've stolen from them, they can detain you for the police, but cannot forcibly search you themselves. Attempting to do so would constitute a battery.



BUT...... An employer CAN make consent to such a search a condition of your continued employment.



"Open your purse and let me look inside."

"No"

"You're fired"



"Spread your arms and legs and let me search you."

"No"

"You're fired"



Those are both perfectly legal. Physically taking your purse off you after you say no and looking in it anyway would be illegal. Holding you while they search you without your consent would be illegal.



Richard

Answer 5

Yes, they have the right. Even retail employees routinely get their purses and other personal belongings searched. Just like they can do random drug testing. If you aren't doing anything wrong, then there's nothing to worry about. However, if you are being physically touched, in a secluded room by only one superior employee, then somethings fishy....

Answer 6

The workplace is private property. Therefore, you have no rights there. You have no expectation of privacy. They don't have to have the police or a warrant or anything. Don't bring anything to work that you don't need for work.



You can refuse, but then they fire you. So if you want to keep your job, you must allow the search. This is the same as rules against campaign posters or racey/pornographic calanders in your office.

Answer 7

I don't know of any laws that prohibit random searches, touching during the search and searching of personal belongings when entering their private property.

Answer 8

As far as I'm aware no they can't, they have to get the police in. I know in our staff handbook (that may have been agreed with the union) if anyone is suspected of anything and need searching the police have to be involved.