Can California employers lawfully search contents of employee person, including but not limited to clothing, bags/purses/packs/letters/vehicles for any reason as long as the search is conducted on company property, to include the parking lot?
A: First, there is a
huge difference between government and private employers where this issue is concerned. Government is restricted by the U.S. Constitution, 4th Amendment prohibition on unreasonable search and seizure -- whereas private employers are not restricted. I will assume a private employer here.
There is practically no California law on this subject. The small amount that exists, suggests that an employer that notifies employees in advance that their possessions or persons may be subject to search, can do so, because by providing notice, the employee no longer has a reasonable expectation of privacy -- except, for example in locations such as dressing/locker and restrooms, where a clear expectation of privacy exists.
So, the issue must be resolved approximately as that the employer can search, and the employee can quit and thereby avoid a search. A physicial search of a locked vehicle, would almost certainly be unlawful, because the employee has a reasonable expectation of privacy in the vehicle, as long as it is locked on employer property. Similarly, a locked box or bag would be protected, but ultimately, the employer can demand that the employee open the bag, and if the employee refuses, then the employer can terminate the employee. Thus, the employee's rights are secured, but so are the employers.
Read more:
http://www.justanswer.com/ca-employ...y-search-contents-employee.html#ixzz3YUCI3oG2
