Vehicle Search

[Rita B]

What is the name of your state? Connecticut
An operations manager notices that an expensive piece of equipment has disappeared. And, knowing who had access to it, he thinks it was employee thief. So, he wants permission to search employees' vehicles before they leave the parking lot that day. Please advise.
Thanks

 

[CdwJava]

What is the name of your state? Connecticut
An operations manager notices that an expensive piece of equipment has disappeared. And, knowing who had access to it, he thinks it was employee thief. So, he wants permission to search employees' vehicles before they leave the parking lot that day. Please advise.
Thanks

They can certainly ask whatever they want. You can always refuse ... however, you might get fired. And if fired for such a refusal, you would likely have to hire an attorney to fight to get your job back.

It might be best to consult an attorney first.

- Carl

 

[BelizeBreeze]

What is the name of your state? Connecticut
An operations manager notices that an expensive piece of equipment has disappeared. And, knowing who had access to it, he thinks it was employee thief. So, he wants permission to search employees' vehicles before they leave the parking lot that day. Please advise.
Thanks

Why don't you aske the teacher who gave you this assignment for the correct answer?

 

[InsuranceLadyAZ]

Why don't you aske the teacher who gave you this assignment for the correct answer?

I was thinking the same thing. What's with the hypothetical situation??? How can we give accurate advice without knowing what actually happened?

 

[Rita B]

Connecticut - Question not from a teacher. It is a situation that happens at companies and if it happened to us we wanted to know how to handle it the right way. I was just asking for advise from anyone who may have had the same concern.
Thanks
Rita B

 

[BelizeBreeze]

Connecticut - Question not from a teacher. It is a situation that happens at companies and if it happened to us we wanted to know how to handle it the right way. I was just asking for advise from anyone who may have had the same concern.
Thanks
Rita B

a search is permissible when the employer has reasonable grounds for suspecting that the search will turn up evidence that the employee is guilty of work-related misconduct, or that the search is necessary for a non-investigatory work-related purpose such as to retrieve a file. O’Connor v. Ortega, 480 U.S. 709 (1987).

Althought the prohibitions for private employers are fewer and less stringent than those for public employees, you still need a policy in place that spells out exactly what rights the employee does and does not have while parking on employer-owned property.

I would strongly suggest your in-house council (or attorney if you don't have one in-house) draft a parking agreement stipulating that vehicles and persons on company property are subject to search at any time while on company property.

If they don't sign, they don't park.

 

[Rita B]

Connecticut - Thank so much BelizeBreeze. Your answer will help us establish a policy in the event we come across that situation.
I appreciated your help. Have a good day.
Rita B