Not sure what topic this should be under...

[clubbed by med]

I work for Club Med Sandpiper in Port Saint Lucie, Florida. As you may or may not know, there are three classifications of employees at Club Med: Corporate, "G.E.," and "G.O." I am a G.O., which means I have signed a six-month contract to live and work at a Club Med village. Club Med provides me with food and lodging (which they actually "charge" me for), a very low monetary salary (based on how much they take out for food and lodging), and amazing benefits. I live in the village, in what they call the "G.O. Building," a dorm-style building that should have been condemned years ago due to mold and other serious health code violations. They provide me with a room to live in, which I share with one other G.O. I have a separate door that I can lock to keep my "roommate" out of my private bedroom, and he and I share a common entry-way, two sinks, a toilet, and a shower.

The question I have is, "Is it legal for members of Club Med management to search the G.O.s' private bedrooms whenever they want, without consent from the G.O.s???"

Two days ago, the Human Resources manager, along with the Housekeeping manager conducted a search of multiple G.O.s' rooms after putting a notice up on the G.O. information board the night before that they would be doing so.

I'm pretty sure that this is a violation of my privacy and highly illegal, but I could be wrong. I am extremely upset by this, as a friend of mine was caught with marijuana in his room and fired because of this. Not only that, but I value my privacy and truly feel violated by this intrusion.

Please help me!

[CdwJava]

Two things probably make it permissible: One, the contract you signed probably included this information and your permission in the fine print .. and, two, the staff gave prior notice before entry. I don't know what the notice laws are in FL, but out here a landlord needs to provide 24 hours notice .. it might be less in FL.

If you get caught with something illegal in your room, you can certainly sue them after you get convicted in court. However, an unlawful search by private persons is not generally going to result in the suppression of the evidence at court ... IF the crime is even reported to police.

The person who was fired is certainly free to hire an attorney and sue Club Med ... but, I doubt that he has the funds to do that.

If you do not like living under those circumstances, you can quit. You do not have a RIGHT to work for Club Med and they can require most any condition they wish on their property.

- Carl

[clubbed by med]

There is NOTHING in the contract that says anything about them having my permission to search my room. I can't speak for other people there, but I read my contract word for word before I signed it, as well as the day they searched my room. Nowhere does it say that I gave up my fifth(?) amendment rights to work there.

I was pretty certain that even though landlords can enter a tenant's home with 24-hour notice that they were extremely limited in what they were allowed to do once inside the premesis. There's no way that renting an apartment leaves you open to search and siezure by your landlord! That doesn't make any sense. Police officers would never need a warrant to search a renter's home; all they would need is to go ask the landlord to do it for them! I'm pretty sure the only reason landlords are allowed to enter your home is to make necessary repairs, like fixing your water heater. Obviously, if they see a pound or ten of cocaine laying on your coffee table, you're screwed. But they can't go rifling through your drawers, boxes, bags and cupboards.

Can they?!

[justalayman]

Nowhere does it say that I gave up my fifth(?) amendment rights to work there.

your 5th amend rights do not pertain to private citizens (and actually I believe you mean your 4th amend rights, which is still regarding governmental actions, not private citizens actions)

I was pretty certain that even though landlords can enter a tenant's home with 24-hour notice that they were extremely limited in what they were allowed to do once inside the premesis.

You are correct.

There's no way that renting an apartment leaves you open to search and siezure by your landlord! That doesn't make any sense. Police officers would never need a warrant to search a renter's home; all they would need is to go ask the landlord to do it for them!

Not true. In that situation, the LL would be acting on behalf of the government and would be constrained by the same rules as the governmental agency. In such a case, evidence obtained by such a search would be supressable due to an illegal search.

I'm pretty sure the only reason landlords are allowed to enter your home is to make necessary repairs, like fixing your water heater.

actually, there are very few restrictions inmost states as to why they can enter your home. You have to remember, the property is still owned by the LL and generally they have a right to assure themselves that their property is not being damaged, if nothing else.

Obviously, if they see a pound or ten of cocaine laying on your coffee table, you're screwed. But they can't go rifling through your drawers, boxes, bags and cupboards.

Can they

Not leagally, but as Carl stated, that in itslef will not get the evidence suppressed as the LL is not subject to the same restrictions that the police are controlled by. You can still sue the LL for whatever laws may allow it but it will not generally alter the outcome of the criminal trial your friend, or others, will face.

[clubbed by med]

So then the question becomes: Do I now have legal standing to sue them for searching my room without my consent? I was in my room when they began the search (don't worry, I didn't give them my permission to search, and even if I did by not objecting, it was only in fear of losing my job, i.e., I was under duress as far as I can tell).

I saw the HR manager open a small cigar box on my desk and look through it, so I know they weren't just looking for damage to the room. They were acting as if it was perfectly okay for them to search everything in my room!

I was on my way to work when they came in, so I had to leave. I was a little nervous about leaving them in there, seeing as how I had two "roaches" in a small container on my desk. Luckily, they didn't open that specific container (as far as I know).

I know that you normally have to have suffered some sort of injury (whether corporal or mental) in order to have any hope of having a judge hear your case. Is it different in this case because they have done something illegal, or is the invasion of my privacy enough to be considered mental injury? What can I do here?

[justalayman]

So then the question becomes: Do I now have legal standing to sue them for searching my room without my consent? I was in my room when they began the search (don't worry, I didn't give them my permission to search, and even if I did by not objecting, it was only in fear of losing my job, i.e., I was under duress as far as I can tell).

you were there and allowed it? You may want to claim duress but I doubt since you have noted absolutely no objection, a duress claim will not be looked at seriously. You aquiesced to the search. I don;t understand your position. I don;t care if my boss starts looking through my personal items, the police, or the pres of the US, I am going to, at least, make a verbal protest.

I saw the HR manager open a small cigar box on my desk and look through it, so I know they weren't just looking for damage to the room. They were acting as if it was perfectly okay for them to search everything in my room!

Since you observed this and did not object, then they may be right.

I know that you normally have to have suffered some sort of injury (whether corporal or mental) in order to have any hope of having a judge hear your case.

the injury is not always some injury as you note. Sometimes the action itself is the injury but I doubt you have any real or actioanble claim in this situation. You were not harmed other than the invasion but I would guess since there was no actual harm, your calim would be dismissed, or at least, a minimal award (this is whre you sometimes see those $1 awards. The judge accepts that you were injured but not to any great extent)

Is it different in this case because they have done something illegal, or is the invasion of my privacy enough to be considered mental injury? What can I do here?

probably not much. You can call the police to make a report. They may have commited a criminal act although I doubt it would go very far. No real injury and the employer surely carries some weight in the political circles (not saying it is correct but it is simply sometimes the truth).

as far as a civil action; I saw no torts listed within the Fla laws that would be applicable. That does not mean there aren;t any, just that I did not find any.

Call a local attorney to talk but I doubt they would suggest taking any action.

[CdwJava]

Originally Posted by clubbed by med

So then the question becomes: Do I now have legal standing to sue them for searching my room without my consent?

Perhaps ... but, without any damages, you will be spending money out of pocket just to get them to stop searching your room. How much money are you willing to spend?

You have a lot of choices - one of them being not to work there if you are subject to these working/living conditions.

I saw the HR manager open a small cigar box on my desk and look through it, so I know they weren't just looking for damage to the room. They were acting as if it was perfectly okay for them to search everything in my room!

It may well be. I doubt anyone here is familiar with FL in situations like this where you work for an employer who also provides you with a living space.

I was on my way to work when they came in, so I had to leave. I was a little nervous about leaving them in there, seeing as how I had two "roaches" in a small container on my desk. Luckily, they didn't open that specific container (as far as I know).

It's easy to avoid that nervousness - don't be storing or using contraband on their property!

I know that you normally have to have suffered some sort of injury (whether corporal or mental) in order to have any hope of having a judge hear your case. Is it different in this case because they have done something illegal, or is the invasion of my privacy enough to be considered mental injury? What can I do here?

I doubt there is any such tort as "mental injury". Now, here's how you tell if you have a case: Consult a local attorney. If he tells you that you have a great case, but still asks for payment up front ... you don't have a case. If there are significant damages to be had, or Club Med is clearly outside the law and should settle out of court quickly, he'd take the case on a contingency basis. If he wants payment up front, your case is not that good.

- Carl

[clubbed by med]

Originally Posted by justalayman

your 5th amend rights do not pertain to private citizens (and actually I believe you mean your 4th amend rights, which is still regarding governmental actions, not private citizens actions)

I knew that, sort of. So then it becomes a criminal action on their part, just as if I had illegally entered someone's house and went through all their stuff, right? I mean, just because they own the property doesn't give them the right to search my dwelling, even if they are providing it to me (at a cost). I'm wondering if this even falls under LL/Tenant law, as there is no lease agreement.

Originally Posted by justalayman

Not true. In that situation, the LL would be acting on behalf of the government and would be constrained by the same rules as the governmental agency. In such a case, evidence obtained by such a search would be supressable due to an illegal search.

Right, I forgot about that. But like I said, I don't think they're alowed to search through your things. If you're really interested in looking that up, look up Title VI, Chapter 83, Parts I and II of the Florida State Statutes. Again, I'm not sure if LL/Tenant laws apply in this case. If not, what would? They offer me a room to live in on their property. I signed a contract stating that they charge me rent on a weekly basis by deducting it from my salary. There is no lease agreement. I'm confused!

Originally Posted by justalayman

actually, there are very few restrictions inmost states as to why they can enter your home. You have to remember, the property is still owned by the LL and generally they have a right to assure themselves that their property is not being damaged, if nothing else.

Doesn't that conflict with your response that I was correct in assuming that they were extremely limited in what they were allowed to do while in a tenant's home? Which is it? I mean, how can they justify looking in a cigar box of mine when saying that all they were looking for was possible damage to their property? What does the content of my cigar box have to do with the condition of their property?

Originally Posted by justalayman

Not leagally, but as Carl stated, that in itslef will not get the evidence suppressed as the LL is not subject to the same restrictions that the police are controlled by. You can still sue the LL for whatever laws may allow it but it will not generally alter the outcome of the criminal trial your friend, or others, will face.

I understand that. They're not bringing the evidence to the police, as far as I know. They just fired my friend. They offered to have him take a drug test, and if he passed, they wouldn't fire him. Although he has a great metabolism, he told me that he has been smoking almost every day for the past two years or more. I advised him that taking a drug test would only cause more problems in his life, as he would most likely test positive for THC, and I believe that will go on his record somehow (although I'm not sure if that's true). Either way, he's not getting his job back.

What I really want to know is if it's possible for ME to sue Club Med for searching my room. And it would be nice to know whether or not this is grounds for a class-action lawsuit. I understand this is not a criminal subject, but there really was no other topic that I thought this would fit into. I would gladly move it somewhere else to get the answers I'm looking for, if only someone could point me in the right direction.

Thanks for your help, guys.

[CdwJava]

Originally Posted by clubbed by med

So then it becomes a criminal action on their part, just as if I had illegally entered someone's house and went through all their stuff, right?

Do NOT expect the police to pursue a complaint against the property owner ... they will almost certainly refer this one back to you as a civil issue.

But like I said, I don't think they're alowed to search through your things.

How will you enforce that? Sue them? How much will you spend to do this?

You realize you'll be unemployed when you DO sue them, right?

I signed a contract stating that they charge me rent on a weekly basis by deducting it from my salary. There is no lease agreement. I'm confused!

Out here we call that a hotel - no lease is required. In fact, unless you object, they might be able to come in daily. You may find that that FL law requires you to object or they MAY take a look around at least once per week.

Again, consulting a local attorney is probably the best idea.

What I really want to know is if it's possible for ME to sue Club Med for searching my room.

A person can sue anyone for anything ... whether you will succeed is the question. With enough money, you can sue them. Keep in mind that if they reject your initial claim for damages, the suit could take years, and it may very well cost you thousands in attorneys fees in that time. Out here a deposition can cost about $200 per hour ... you might be in a position of deposing a dozen people or more ... then there is the attorney prep time, etc.

Even if you are correct, and Club Med is wrong, how much money are you willing to risk to assert that position?

And it would be nice to know whether or not this is grounds for a class-action lawsuit.

Sure. Do you have others who are willing to take the same risks that you are?

Personally, if I did not like the conditions they made me live under, I would seek another residence or another job. You did say the pay was minimal and the conditions were poor, anyway. But, it seems your greatest concern is not so much your privacy for privacy's sake, but privacy to have and to use illegal drugs - something that can place your employer at great risk of civil liability anyway. I suppose they could drug test all the residents frequently, perhaps you ought to propose that as an alternative to searches.

- Carl

[clubbed by med]

Originally Posted by CdwJava

...it seems your greatest concern is not so much your privacy for privacy's sake, but privacy to have and to use illegal drugs...

Just because I use "illegal drugs" does NOT mean that I have less of a right to expect that my privacy be respected. The Fourth Amendment doesn't say that only people who follow the laws of this country are allowed to enjoy the protection it provides. If you really are a police officer, you should know that.

I know that the Fourth Amendment doesn't apply to private citizens. I just get irritated when people say things like "I have nothing to hide, so why should I care if somebody searches my home?" I have no problem abandoning my "illegal drug" use while on Club Med property. As a matter of fact, I love the company I work for. Club Med provides me with opportunities that I never dreamed of having, and I really don't want to jeopardize my employment with them. I will no longer be using or possessing "illegal drugs" while I am on Club Med property.

That being said, I still don't want my HR manager poking through my room. Even if I have nothing to hide, I am still a very private person, and do not appreciate it when ANYBODY looks through my things without my permission/supervision.

[seniorjudge]

That being said, I still don't want my HR manager poking through my room.

This foundation is weak and destroys your whole argument.

It is not your room.

From what you have stated, I doubt that there is any landlord-tenant relationship.

[las365]

Just because I use "illegal drugs" does NOT mean that I have less of a right to expect that my privacy be respected.

I love this assertion and would like to be an observer in the courtroom when you make this argument to a judge while arguing that Club Med should pay you a bunch of money for entering the property that it owns. Please let us know when and where your trial is set when the tme comes.

[CdwJava]

Originally Posted by clubbed by med

Just because I use "illegal drugs" does NOT mean that I have less of a right to expect that my privacy be respected.

Well, there are those who are true privacy rights advocates, and there are those who advocate privacy rights because they don't want to get caught breaking the law. I'm in the former category and not the latter.

The Fourth Amendment doesn't say that only people who follow the laws of this country are allowed to enjoy the protection it provides. If you really are a police officer, you should know that.

I am and I do ... apparently you don't. This is not a 4th Amendment issue as it does not involve the state. What I referred to was that many people who advocate privacy rights are not concerned about privacy as a philosophy so much as they are the privacy to commit crimes without being caught.

Whether you have a right to be free from searches in your circumstance is an opinion that only a local attorney can provide you.

You have recourse if your employer is not abiding by state law - you can take them to civil court.

Club Med provides me with opportunities that I never dreamed of having, and I really don't want to jeopardize my employment with them.

Then you can choose not to sue them.

You can always try to post a sign denying your consent to search or speak to HR and tell them you will not consent to the searches and see what they do. Perhaps you can rent a place in town rather than live in the dorm.

I will no longer be using or possessing "illegal drugs" while I am on Club Med property.

Good for you. That's the first step on the road to recovery.

- Carl

[clubbed by med]

Thank you to all who have replied to this thread. I sincerely appreciate the help. I just wanted to say that I probably won't be coming back to this site anytime soon, so there will be no need for any further replies, unless you feel like debating this on your own. I will definitely be contacting a local attorney tomorrow morning to see if they are willing to take this case on a contingency basis. If not, I will most likely just write a letter to corporate expressing my concerns and asking for them to discontinue this procedure, at least here in America. I'm fine with random drug tests (sort of). I'd rather deal with them then having my HR manager look through my stuff. That's extremely unethical, at the very least.

Thanks again, and I hope anybody here who has been wronged by a police officer finds the information they need here to fight back. Remember, you CAN sue a cop and the Police Department for wrongful arrest... and I would recommend doing so at every opportunity. Cops need to learn that they can't just go around arresting people for phony charges just because they feel like it without any sort of consequences. However, it's up to us private citizens to raise our voices and fight back. Otherwise, cops will continue to screw with people's lives, including YOURS.

Go get 'em!

[CdwJava]

Originally Posted by clubbed by med

Remember, you CAN sue a cop and the Police Department for wrongful arrest... and I would recommend doing so at every opportunity.

And you can sue oil companies for polluting ... what does either one have to do with your topic?

Cops need to learn that they can't just go around arresting people for phony charges just because they feel like it without any sort of consequences.

Cops already know that. Those that make things up and do it anyway are outside the law and know they are.

Again, what does this have to do with the topic?

However, it's up to us private citizens to raise our voices and fight back. Otherwise, cops will continue to screw with people's lives, including YOURS.

Wow! Here you are complaining about Club Med and suddenly the problems of the world fall back on a few bad cops somewhere?


- Carl