Searching employees?

[MD-Lucky]

I know this might not be the place, and I know that probably most of you aren’t lawyers.. But I have a question that I hope maybe a LEO or someone familiar with the law can answer for me.

I'm a HUGE civil rights person. Certain things burn me up, and an employer stepping over their bounds is one of them.

My better half started a job about 2 weeks ago. She is a student still, and she carries a backpack with her to work on days she is also attending class. I went to pick her up the other night, and was waiting in the truck. As she is getting ready to leave the store, the Manager (who I'm starting to find out has a serious power trip problem.) stops her in front of all her new co-workers and demands to search her bag.

By the time I'm to the door (and I was ready to have a few words) she is already zipping the bag back up and on her way out. I start to confront the guy and she tells me to drop it.. I do.

I said that if I was in her shoes, I would have told the SOB to first call the police if he wanted to search me, and second to go ahead and take me off next week's schedule, since I won't be working for someone who feels the need to humiliate me in front of my new co-works. If his judgment in the job interview on character is so poor that he can't trust those he employs, maybe he should find a new line of work.


He has started to make it a habit of searching his employees as they leave work now. Can I see it from his point of view? Well, I wouldn't want someone stealing from me obviously. But I also think that it crosses the line to stop employees with purses, backpacks, and whatever else to search their bags personally as they leave. My biggest problem with the situation is that he has nothing to base his searches on other then the fact that these people were in the store working.

Maybe I'm too much of a “confrontationalist.” But I'm curious if anyone is familiar with laws pertaining to detaining and searching employees. It seems extremely degrading, belittling, and maybe I'm the only one bothered by it, but I would tell them the 20 different ways they could stuff my job if I was in that situation.


I know I'm extremely new to the site, and there probably isn't a whole lot of information available to me. But any advice is very greatly appreciated.

The state is Idaho if that makes a difference.

Thank you very, very much in advance!
Mike

[Glxso201]

As an employer, they can search whatever they want including bags, purses, email, lockers, etc. It's part of their right to run a productive business and conduct their own internal investigations.

[hiker-guy]

Originally Posted by Glxso201

As an employer, they can search whatever they want including bags, purses, email, lockers, etc. It's part of their right to run a productive business and conduct their own internal investigations.

+1.

Of course I would still be looking for another job if the boss was being asn @$$hole to me. Search me if you want but don't belittle, that is just poor leadership by the boss.

[ichy_trigger]

Originally Posted by Glxso201

As an employer, they can search whatever they want including bags, purses, email, lockers, etc. It's part of their right to run a productive business and conduct their own internal investigations.

So your saying that an employer has more rights than the police? No way, no one will search me or my belongings unless they have a search warrant. If I walk out of Walmart and the damn siren goes off, I dont stop. Its not my job to prove im not a crook in front of everyone, they have to prove that I am, Im innocent until proven guilty. If I worked for a retailer that thought they needed to inspect my property then I would stop working for them.

Would you let them search your wallet????

[Prometheus]

I knew a girl who was a manager at a bath and body shop... she had to check everyones purse on the way out and she had to have an assistant check hers when she left as well.

Company policy will dictate that. If it isn't an SOP for the store, you might be able to take it up with the owner/corporate about harassment.

Most stores have a "always search bags" policy rather than a "sometimes" because the sometimes can get them into legal trouble as to why this particular time they felt the need to search XYZ and not ZYX.


Side notes:
I remember working retail back in the day... that sucked. Get her a better job, search around and you can find other job (office setting ect, on the job training) that pay alot more.

I can't figure out why people work retail, fast food ect. ect. in any decent sized city. So many other opportunities (not big pay, but better pay without those 'mcjob' hassels).

I dont get it. Its like when I see the watress at dennys busting hump for 15% of a 10dollar check... WTF is that about? I can't leave the dennys waitress a buck fifty on a 10 dollar check when I've ordered 4 cups of coffee, I have to leave more. Then you couple that 15% deal with the cheap skates who leave a quarter or 50 cents... wow.

[Bigtime]

Originally Posted by Glxso201

As an employer, they can search whatever they want including bags, purses, email, lockers, etc. It's part of their right to run a productive business and conduct their own internal investigations.

Only if it is declared in the acknowledged employee manual/handbook/policy declaration that these searches may take place, and the employee has received a copy of the handbook/manual/declaration. That is how it is in Kalifornia, where the only people with more rights than employees are illegal immigrants.

[Prometheus]

Originally Posted by ichy_trigger

So your saying that an employer has more rights than the police? No way, no one will search me or my belongings unless they have a search warrant. If I walk out of Walmart and the damn siren goes off, I dont stop. Its not my job to prove im not a crook in front of everyone, they have to prove that I am, Im innocent until proven guilty. If I worked for a retailer that thought they needed to inspect my property then I would stop working for them.

Would you let them search your wallet????

No no no.

It's the employee / employeer relationship we are talking about. As an employee you sign contracts with your employeer.. "No chewing gum, no flip flops, no foul language...." Sometimes they also include "all bags will be searched prior to leaving the premisis... must have a receipt......"

If you (as the employee) don't like it, you don't work there. This is in line with employers not wanting employees to carry weapons. The employer has that right (not that I approve, but the employer can do it).

As a customer if they put up a sign before you enter saying "all bags subject to search" they have a right to search your bags if you procede into their establishment. No one is forcing you to shop there. Once again, not saying I agree, but private property owners have a right to do these things.

They also should have the right to have a place smoking or non if they want, but bussinesses are losing their rights too.

[hacker15]

Originally Posted by ichy_trigger

So your saying that an employer has more rights than the police? No way, no one will search me or my belongings unless they have a search warrant. If I walk out of Walmart and the damn siren goes off, I dont stop. Its not my job to prove im not a crook in front of everyone, they have to prove that I am, Im innocent until proven guilty. If I worked for a retailer that thought they needed to inspect my property then I would stop working for them.

Would you let them search your wallet????

ichy, I understand your point, but think about it for a minute. You submit to a warrentless search of your person and your belonging when you fly, when you enter a courthouse (at least in most states), and when you enter many public buildings. Up here, the employer has a right to search employees personal belongings and, in some cases, their person IF THAT RIGHT IS CLEARLY POSTED. If it's not posted, the employer can only passivly scan employees - sort of what you get at WallyWorld or KMart.

Now, it sounds like the manager in this place has a serious theft problem and he's trying to combat it. Maybe going about it the wrong way but, if he's notified employees that they are subject to random searches of possessions, he's within his rights. At least IMO he is....

[ichy_trigger]

I see the reason for the need, but I see the reason for our rights. If you walk into a store thats posted that they have the right to search your bags, thats not a legal contract just because you enter. Flying, courts, etc.. are controlled by law, not private industry. If I refuse to stop as I set off a goofy alarm, leaving a store, they better call the cops.

[LUVMYSIGP225]

I work for a company that has a very large warehouse full of VERY expensive parts. If you work in our warehouse, you must be searched by a uniformed guard before leaving. After a search, you are funneled out one by one through a full size, walkthrough security carousel that will only allow one person per rotation, and requires a badge to activate it.

The $hitter is that only warehouse people get searched. Me, being a "white collar I.T. nerd" can fly right past security and blow out the door. If you wear a warehouse Cintas uniform you get searched. I think it is bull$hit! If I were the warehouse guys, I would be enraged. I usually avoid this exit, as to not look like a privileged jerk. I use the front office exits where they have no security. Of course, they force the warehouse people to leave via the secure exits. I am surprised that they haven't raised hell about it.