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  1. #1
    novagymnast8 is offline Junior Member
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    Can my Employer search me or my purse?

    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?
  2. #2
    HomeGuru is offline Senior Member
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    Quote Originally Posted by novagymnast8 View Post
    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.
  3. #3
    eerelations is offline Senior Member
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    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.
  4. #4
    HomeGuru is offline Senior Member
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    Quote Originally Posted by eerelations View Post
    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.
    **A: I like your response better.
  5. #5
    eerelations is offline Senior Member
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    Quote Originally Posted by HomeGuru View Post
    **A: I like your response better.
    But yours answered the question (i.e., "Can my employer search my purse?") more accurately.
  6. #6
    mlane58 is offline Senior Member
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    Quote Originally Posted by eerelations View Post
    But yours answered the question (i.e., "Can my employer search my purse?") more accurately.
    Alright you two, get a room.
  7. #7
    ecmst12 is offline Senior Member
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    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.
  8. #8
    cbg
    cbg is offline Senior Member
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    And they can legally fire you if you do not refuse, and they find your cell phone there in violation of company policy.
  9. #9
    Zigner is offline Senior Member
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    Quote Originally Posted by cbg View Post
    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...
  10. #10
    eerelations is offline Senior Member
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    They can legally fire you if they don't like your purse.

    (Period.)
  11. #11
    Isis1 is offline Senior Member
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    leave the cell phone in the car. take the battery in your purse.
  12. #12
    Zigner is offline Senior Member
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    Quote Originally Posted by IsabellaSoriano View Post
    leave the cell phone in the car. take the battery in your purse.
    Excellent idea...

    Or, our OP could just get real. Her cell phone battery excuse is pretty darn weak in the first place.
  13. #13
    Beth3 is offline Senior Member
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    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 person, who is nice to you, but rude to a waiter, is not a nice person. (This is very important. Pay attention. It never fails.)
  14. #14
    eerelations is offline Senior Member
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    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."
  15. #15
    HomeGuru is offline Senior Member
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    Quote Originally Posted by Beth3 View Post
    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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