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Can my Employer search me or my purse?

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novagymnast8

Junior Member
What is the name of your state (only U.S. law)? Indiana

Recently, my employers told everyone we are not to bring a cellphone into work due to misuses from various people. We are supposed to keep them in our vehicles or at home. But I, along with many others, refuse to leave them in our cars. In the winter time it will get so cold and the summer very warm....this is not good on cell batteries! So I keep it on silent mode in my purse. Can my employer legally search me and/or my purse to check for my cell?
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)? Indiana

Recently, my employers told everyone we are not to bring a cellphone into work due to misuses from various people. We are supposed to keep them in our vehicles or at home. But I, along with many others, refuse to leave them in our cars. In the winter time it will get so cold and the summer very warm....this is not good on cell batteries! So I keep it on silent mode in my purse. Can my employer legally search me and/or my purse to check for my cell?
**A: yes since they have probable casue that you are not following company policy.
 

eerelations

Senior Member
If your employer says you cannot bring your cellphone to work and you do anyway, your employer may legally fire you for doing so. Period.
 

ecmst12

Senior Member
They can't just take your purse and go through it without asking you. However, they can ask you to allow them to search it, or open it and show them the contents, and they can legally fire you if you refuse.
 

cbg

I'm a Northern Girl
And they can legally fire you if you do not refuse, and they find your cell phone there in violation of company policy.
 

Zigner

Senior Member, Non-Attorney
And they can legally fire you if you do not refuse, and they find your cell phone there in violation of company policy.
And, just to be clear, they can legally fire you if they don't like the color of the sunglasses that you have in your purse...
 

Beth3

Senior Member
I'm not entirely sure if I'm in agreement with all of the above, however the relevant case law will vary by State. I am aware of some court decisions that prohibit an employer from searching employees' persons and personal belongings where they have an expectation of privacy - pockets, purse person, etc. That being the case, then it's possible that terminating an employee who refuses to have their person or personal belongings searched could be a violation of public policy, at least in the absence of a well-communicated company policy that states that such searches will be conducted by the employer.
 

eerelations

Senior Member
I think that many of us are just astounded at the attitude demonstrated in the sentence "But I, along with many others, refuse to leave them in our cars." :eek:
 

HomeGuru

Senior Member
I'm not entirely sure if I'm in agreement with all of the above, however the relevant case law will vary by State. I am aware of some court decisions that prohibit an employer from searching employees' persons and personal belongings where they have an expectation of privacy - pockets, purse person, etc. That being the case, then it's possible that terminating an employee who refuses to have their person or personal belongings searched could be a violation of public policy, at least in the absence of a well-communicated company policy that states that such searches will be conducted by the employer.
**A: ok, spoil the fun.
 
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