Is it Legal for an employer to search a employees car?

Answer 1

When contemplating whether to search an employee's vehicle parked in your parking lot, consider whether the search constitutes an invasion of privacy. Invasion of privacy is a state law tort claim defined by courts as the intrusion by a defendant using means objectionable to a reasonable person into a matter a plaintiff has a right to keep private. Whether a search of an employee's car is permitted depends on whether the employee reasonably expects the contents of his vehicle to remain private while the vehicle is parked in your parking lot.

If your company policy prohibits drug activity at the workplace or employees from arriving at work under the influence of drugs and states the company will investigate employee wrongdoing in the workplace, employees face a diminished expectation of privacy concerning their vehicles' contents if vehicles are parked at the company's offices.

An injured employee who brings his vehicle to a job site and gives his keys to a co-worker to return the vehicle to the office also has a reduced expectation of privacy because he has consented to the use of the vehicle by a third party. But what if the co-worker drives the car to the injured employee's home? In this case, though the employee has made his vehicle available to his co-worker, the employee is likely to have a reasonable expectation of privacy regarding the contents of his vehicle while parked at his house. If the co-worker discovers illegal drugs in the car and brings the drugs to your attention, you have not engaged in a "search" and the invasion of privacy claim is a non-issue. Rather, the employee had placed his trust in his co-worker and is left without legal recourse.
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Answer 2

This is definately probably not legal at the small business level. Tell them to have the employer put this mandate in writing so that they can see clearly what the new rule is. Unless the employee has signed some sort of full disclosure agreement and the employer has some valid reason to suspect a breach of confidentiality then the employer can not punish the employee for non-compliance. The employee's right to privacy ultimately trumps the employers rights but if there is a valid reason to suspect a breach of contract, the employer can fire the employee for refusal of this policy. If no such full disclosure agreement exists then the employee is under no requirement to abide by this new policy and if the employer fires the employee for not following it then the employee has a legitimate unfair dismissal case that they could sue the employer with.

Answer 3

No, it's illegal for anybody to do this without a warrant. Even if it is a company car provided to the employee, it's an invasion of privacy to search the car.

Answer 4

If the car is parked in their parking lot, they are allowed to look through the windows. (It's public view.) Read your employee handbook, most companies have a statement about allowing random searches of cars if the car is suspected to have something in it which is against company policy, such as alcohol or weapons on the premises.

Answer 5

Technically, no. However, it's like getting into clubs. Technically, the bouncers can't search you, but then again, you won't be able to go in if they don't search you. It's better just to get it over with and go in and have fun. I doubt that answers your question, but I'm having trouble understanding your situation.

Answer 6

Under certain conditions such as security investigation of a crime or suspected crime. Federal reservations such as a military post have that right as a matter of course. I would imagine that states/counties/cities have the same rights on their property.

Private companies would be a stretch but their security and your terms of employment may allow it.

Answer 7

Is the car on the employer's property? Did they tell you they could when you were hired?

Answer 8

Only if the employee sighns a waiver giving the employer that ability when they are first hired.

Answer 9

You need to read your company handbook, and if you did not get one then I suggest you go to the human resource office and ask for one.
Then you will know your answer.

Answer 10

that i dont know, but when i saw my old boss digging in my car(with MY KEYS) he didnt like the *** kicking he got and his head slammed in the door.I made the company pay for the repair and still had my job!