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Employer's right to search

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Waiter01

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

I and several, but not all, of my coworkers were forced to submit to searches of our personal property, work property, turn out our pants pockets and lift up portions of our uniforms to allow a manager to look for stolen money and items another employee had lost/misplaced.

I work for a major chain restaurant as a food server. I understand that my ticket book and bank are subject to search at anytime as they are company property. I also understand that in most states an employer can search your bags and purses when leaving work.

Can they require that I turn out my pockets and lift up my apron so they can search for the lost/stolen monies/items?

Can they search my wallet and any other container I may have in my pocket?

Can they treat certain employees differently?

If I clearly stated to my manager that I was uncomfortable allowing him to randomly search my person and he states that he has the right to search me then demands that I lift up my apron and turn out my pockets are my rights being violated?

I was never involved with or accused of any theft by the employee who lost or misplaced her bank.

In the past other employees have lost their banks and no searches were ever performed to my knowledge.

I believe every employee there was questioned but I know only some people were searched.

No money or any of the bank paperwork was found on anyone.
 
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las365

Senior Member
It is not illegal for your employer to request that you submit to a search like the one you describe or to perform the search if you consent.

You have the right to refuse to consent to such a search.

The employer has the right to terminate your employment for refusing (even if you had nothing to do with the missing money).
 

Waiter01

Junior Member
If I refused consent, requested another manager witness my refusal and was then told that he had the right to search me and demanded I comply?

Can this request to search be put to the employee as a do it or you voluntarily quit statement?

What constitutes my private personal property while I am at work?

What 4th amendment protections apply?

If I happen to have a medical prescription card in my wallet that I am required to carry do they have the right to view said information if it does not pertain to or effect my work performance?

What should I do if the general manager is now threatening to write me up for discussing all of the above with my manager in an area customers could overhear?

I was at the location when the manager approached me and demanded I allow search. I responded to his questioning and am being reprimanded for doing so within guest earshot. The location was in the kitchen behind a closed door and around corner from the guests.

I also informed the manager that I was uncomfortable with the entire situation including being searched and being outside of a private office.
The manager demanded I comply without moving us to a more private location.

So can I be held accountable when the manager was the one setting the location for our discussion?
 

ecmst12

Senior Member
The 4th amendment does NOT apply to private employers. It applies to the police - ONLY.

And yes, they can tell you to submit to the search or you will be fired. It will not likely be viewed as a voluntary quit by the unemployment board, though that depends on the full facts.
 

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