Employer's Right To Search

Q: Is it ever permissible to search an employee’s desk or backpack?

Employees may occasionally need to search an employee's desk, locker, purse, or other possessions. This can arise where the employee is suspected of possessing drugs or a weapon, or where the employee is accused of theft from the employer or another employee. There are no laws specifically addressing a private employer's right to conduct such searches. (The restriction on searches and seizures contained in the Fourth Amendment to the U.S. Constitution applies only to searches and seizures by the government, not by private companies or individuals.) Therefore, a balancing test applies: does the employer's need for the information outweigh the employee’s expectation of privacy?

It is important, therefore, to reduce employees' expectation of privacy by informing them that their desks, lockers or personal possessions may be searched if deemed necessary by the employer. This should be done through an appropriate policy in the Employee Handbook.

Sample Policy:

Company vehicles, lockers, files, offices, computers and desks are the property of the Company. They are to be used only for work-related purposes unless prior approval is obtained through _______________. The Company reserves the right to inspect all company property at any time to ensure compliance with its rules and regulations.

Disclaimer: This is simply a general overview and is not a comprehensive article regarding a specific factual scenario. Each factual scenario is different and there is not enough time, nor space to address all different scenarios. You need to speak with a lawyer if you have a legal question.