Does an Employer Have the Right to Search My Purse?

Just what does your employer have the right to search?

Privacy in the workplace is a touchy subject for both employers and employees. The question of what actions employers are authorized to take to prevent fraud, theft or shrinkage -- including searching your purse -- raises emotional hackles on both sides of the table. Just how far the constitutional right to privacy extends into the workplace depends on how much notice the employer gives and the specific company policies.

The Right to Privacy

The 4th Amendment to the U.S. Constitution guards against unreasonable searches and seizure, and in many cases, this right extends into the workplace, according to the Legal Aid Society Employment Law Center in California. State laws govern the definition of an invasion of privacy in the workplace; for example, in California an employee whose purse was searched must show that she had a legally protected privacy interest and a reasonable expectation of privacy and that a serious invasion of this privacy interest occurred.

Personal Property

Purses and other personal property brought to and from a business each day may be subject to employer searches. Whether the search is legal or not, however, depends on whether an expectation of privacy has been maintained. If the employee has signed a document or is otherwise given notice that a search of personal property may occur, it is unlikely that the search is considered an invasion of privacy.

Reasonable Circumstances

Even if no notice of a search has been given, a search may still be within the rights of your employer. In the Supreme Court case O’Conner et al. v. Ortega, it was established that "reasonable and normal" searches are not in violation of the 4th Amendment. While purses were not specifically covered in this case, if an employer can establish probable cause and obtains a search warrant or employee consent, the general consensus is that such a search is legal.

If Your Privacy Has Been Invaded

If your purse has been searched by your employer and you feel you were not given appropriate notice or did not consent to the search, filing a complaint with a state court is the first step. This requires the help of an attorney specializing in state-specific laws, since the laws on invasion of privacy vary from state to state.

References

• Legal Aid Society: Privacy in the Workplace
• Police Chief Magazine; When Does an Employer’s Search of Employee Work Areas Violate Privacy Rights?; Kim Wilson, J.D., Portsmouth, Virginia, Police Department
• Nolo: Right to Privacy at Work FAQ