Is it legal for an employer to search your purse?

Question

I am a cashier at a retail store in Ohio (the kind where everything is just $1) and the District manager has now informed us that we have to have our purses searched every night and if we do not want to have them searched we are not to bring them into the store. I carry personal things in my purse that I need along with medication that I may need in a hurry ( for severe asthma attacks) and I wouldn't like my things gone through on a nightly basis. We have a locker area where I lock my purse up (with a lock I paid for) when I get in and then only remove it when on break or leaving. I work in the front of the store and the locker area is in the rear of the store. Male employees have not been asked to turn out their pockets, is this fair or legal?

Answer 1

Yes, I was going to first type that you have to be notified that the company has that right but as I read your statement I see that is what the manager did.

Btw, they can also search your vehicle if it is parked on their property. I have no clue why on earth they have this authority but they do.

Now with that said, you do have a discrimination case based on the fact that the males are not being searched.

Answer 2

Search and seizure law does not apply because it only applies to the government and its agents. The fact that men are not being subjected to the same treatment may mean that you would have a cause of action under equal protection. The real problem is that the employer has informed you ahead of time and has reasonable cause (to prevent theft most likely). If you could show that you need a purse (or similar carrying device) for you medications, you could make an Americans with Disabilities Claim (ADA).

It's really terrible and not fair. Unfortunately the law is very favorable to employers and gives private citizens in a voluntary context a lot of leeway. It doesn't sound like a good place to work. If it's really a problem for you, you might want to contact of lawyer.

Answer 3

Under what circumstances can a private employer search an employee?

In order to determine whether or not your employer in the private sector has violated your right to privacy, there are several factors to consider:

What type of employment is involved?
For example, an employer is permitted to search your clothing or possessions to determine whether there has been theft of company property, so in the retail environment, it is customary to check an employee's belongings to prevent theft of merchandise. It is less customary to do so in an office setting where an employee's access to easily concealed and/or expensive items is limited.

Is there a legitimate business reason for the search?
For example, an employer has an interest in recovering an item that it believes to be stolen, or preventing workplace violence by ensuring that employees are not bringing weapons into the workplace. However, courts are more likely to find that an employer who engages in random searches without any reasonable suspicion that an employee has violated the law or any workplace policies is violating its employees' privacy.

What is being searched?
For example, when employers have searched employees' locked file cabinets, desks, or personal papers, courts have found these items may be searched so long as there was authority to search. However, in a case where the employees were expected to pay for locks to guard their lockers, the court found that the employer had violated the employee's right to privacy by searching a locked locker. In that instance, the employee had a reasonable expectation of privacy.

For what is the employer searching?
For example, if the missing item was a computer, the employer might be justified in searching employee lockers and cars, but not employees' purses, pockets, or clothing, since the item sought is too large to be concealed on the employee's body or in the employee's personal effects.

Answer 4

Nope. Not even with notification, can they do that. They can search your locker at work and your work email because they own them, but they can't search your personal stuff without your permission.

Yes, if, the employee, as a condition of employment, agreed in writing, to allow a random search. this is done quite often in department stores. internal theft, by employees, is at an all-time high. i guess, from the legal standpoint, in itself, would not be legal. of course, your job may be on the line, if you resist. most employers may or may not give advance notice of a random check. after all, the whole idea of the search would be to catch a dishonest employee. giving advance notice, would defeat that purpose. employers cannot make a profit, if their merchandise is walking out the door, by their employees. and, the employee can be arrested for theft. this would now make it a legal search and arrest.

No! Not without your presence and usually your permission. It may be that they would require a search of your persons/personal belongings perhaps even your vehicle if you are accused of stealing or if there may be a threat to anyone at your workplace if you are carrying a weapon or drugs or the like. Even if accused of stealing or carrying a weapon it should not be an unannounced search it should be with you present and with your consent.
If it (your purse/backpack) is in a company locker there may be a grey area there, but it would not be without you being there or at very least notified that a search would be happening.

Answer 5

Can Your Employer Search You

Answer 6

Lihsa essentially got it right. Everyone that claimed a violation of a contitutional amendment for doing it was wrong. The constitution applies to government searches, not private. Does your employer have an ABSOLUTE right to search your purse... probably not, BUT they have a right to ask, and if you refuse, they can terminate you. They gave you prior notice that if you didn't want your purse searched, not to bring it in. They gave you an "out". So, if you don't want your purse searched... don't bring it into the workplace.

Answer 7

Yes, because the employer is protecting themselves against pilferage. You could get a clear purse to negate searches because all would be visible.
Oh, YOU don't have to turn out YOUR pockets either. It's fair in that sense. Also, men AND women could have their backpacks searched.
What scurvebags would steal from a dollar store?

Answer 8

Employers Can have searches done on employees belongings that come in and out of their facilities. He can't dig around though, he can only do a cursory search, what he can see in plain view. But you do have a gripe if he only searches bags and since females carry bags the guys are not subject to these searches if they don't carry somekind of bag to work. Very one sided I would say.

Answer 9

Unfourtunately, I believe that it is legal for an employer to do this (looking through your bag). However, I believe it is illegal for them to search your person or pat you down, without any reason. If they attempt to detain you to do these things they are violating your civil rights. If this ever occurs contact a lawyer, as being detained against your will, may constitue kidnapping. As a side note, I would highly suggest taking college courses and attaining a degree, so that you don't have to put up with douchebag middle management jerks treating you poorly.

Answer 10

Well, technically no. They can legally search your locker, but they can not legally go through your purse.

However, if you want to keep your job without having to go to court over the issue than you might want to just let them see inside your purse.