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Steven Mitchell
Sack

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Enforcing the workplace rights of thousands of employees, executives and sales reps for more than 44 years.

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The Limits to an Employer’s Search

An employer has certain rights to manage his/her business as he/she seems fit, and to ensure a safe working environment. However, an employee, as well as a private individual has certain privacy rights that the law protects. So where is the line drawn between what an employer is allowed to search for and where? And when does an employer’s actions cross the line regarding a search.

As an employee, it is vital to know your rights and to know what to look out for as possible violations by an employer. Here’s a section of my book “The Employee Rights Handbook” that deals with this area of the law and gives you a glimpse into what kind of questions you should be asking yourself to ensure your employer’s actions are legal. Get informed and know your rights!

Employee Searches

The law regarding employee searches involves a careful balancing of the employer’s right to manage his or her business and the privacy rights of employees. For example, the Fourth Amendment to the United States Constitution provides protection for all persons against unreasonable search and seizure of their persons, homes, and personal property, and this doctrine applies when the employer is the government. However, most private employers are exempt from this doctrine (unless the private employer does extensive business with or is heavily regulated by the government) and are generally permitted to use a variety of techniques when suspecting a worker of misconduct. These include searching the employee’s office or locker without his knowledge or consent and requesting the employee to open his briefcase or package upon leaving a company facility.

Although each case is decided on its own merits, the law generally states that office searches are permissible if an employer has a reasonable basis for suspecting the employee of wrongdoing and the search is confined to nonpersonal areas of his or her office. The reason is that the office and documents relevant to company business are the property of the employer and can be searched anytime.

However, clearly visible personal items cannot be searched, and employers cannot conduct a search if there is no reasonable ground for suspicion. Legitimate searches of an employee’s briefcase, locker, or packages also depends upon whether the employee had a reasonable expectation of privacy.

The absence or presence of any regulation or policy placing employees on notice that routine searches would be conducted is the primary factor in determining whether or not searches of employees or their work areas or property are legal. For example, when signs are posted throughout a company reminding workers that personal property is subject to search, when memos are distributed stating that surveillance measures will be taken on a regular basis, and when handbooks are disseminated stating that personal property is subject to search in company lockers, case decisions indicate such measures reduce claims of illegal privacy invasions, particularly when such policies explain the necessity for conducting searches, set forth procedures minimizing personal intrusion, and advise employees that their refusal to cooperate may lead to discipline or discharge.

With such policies in place, one court found that packages may be searched. Another court decided that searching vehicles on company property was legal. One court even found a search valid on the basis that an employee had voluntarily accepted and continued employment notwithstanding the fact that the job subjected him to searches on a routine basis. This, the court concluded, demonstrated his willingness and implied consent to be searched (thereby waiving the claim that his privacy rights had been violated).

However, when the employer does not have such policies in place, the lack of published worker rules and regulations may actually encourage an expectation of privacy claim. For example, in one case the employer searched an employee’s purse, which was contained in a company locker. The court ruled that this violated the employee’s reasonable expectation of privacy because she was permitted to use a private lock on her locker and there was no regulation authorizing searches without employee consent.

You should also recognize that the expectation of privacy is greatest when a pat-down or other personal search of an employee is conducted. Knowledgeable employers are reluctant to conduct personal searches, especially if they are random or done without specific, probable cause with respect to the individual involved. In one case an employer’s security guards detained and searched an auto worker leaving a plant because he was suspected of stealing auto parts. According to testimony at the trial, the guards yelled at the employee in addition to shoving him. Although serious inventory shortages had been reported in the area where the employee was seen wandering shortly before leaving the plant, he was awarded $27,000 in damages after proving he had been singled out and treated unfairly by being subjected to the search and no stolen parts were found on his person during the search.

If you believe you are the victim of an employer’s illegal search, ask yourself the following questions:

  • Have similar searches been conducted on you or your property before? If so, did you acquiesce in the search?
  • Have similar searches been conducted on other employees?
  • Were you given a warning that the employer intended to conduct a search?
  • Was the object of the search company property?
  • Did the search have an offensive impact? Were you grabbed, jostled, struck, or held? Were you coerced, threatened physically, or mentally abused in order to make you cooperate?
  • Were you held against your will? Were you so intimidated by the experience that you were afraid to leave?
  • Were you chosen at random for a pat-down search with no actual suspicion of wrongdoing?
  • Did the employer search your belongings in an area that was truly private?
  • Were you stigmatized (e.g., fired) by a search when in fact you did nothing wrong?
  • Did the employer search you in front of nonessential third parties, and was your business reputation harmed by such action?

If you answered yes to the last six questions, speak to an employment attorney immediately to discuss your rights. You may have a strong case, especially if you were fired, placed on probation, suspended, or given an official reprimand after the search and you did nothing wrong. The tort actions most frequently alleged as a result of an improper employer search are assault, battery, defamation (in particular, slander), false imprisonment, invasion of privacy, and abusive discharge. For example, if you are detained against your will during the search, you may be able to allege a valid cause of action for false imprisonment.

This happened to a checkout clerk who was accused of failing to ring up merchandise purchases. The employee was searched and interrogated by security personnel and told to accompany them to another location for additional questioning. At the trial the company proved that the woman failed to ring up purchases. However, a jury awarded the employee $25,700 on the grounds of false imprisonment, because the woman was never told she could leave the room where she was being questioned and was forced to remain there for several hours.

Such cases illustrate that you may have rights that are violated during or after a search. For example, you may be able to sue the employer for slander and invasion of privacy if a search is conducted in front of nonessential third parties in a way that is suggestive that you are a thief.

For a full depth analysis on this topic and many more, visit http://legalstrategiespublishing.com/ to purchase “The Employee Rights Handbook” today!

6 thoughts on “The Limits to an Employer’s Search”

  1. A company is on a 2 day retreat. A an employee left her purse on her bed in her lodging. The management discreetly went in her lodging room and went through her purse and found a bag of “cannabis” and confiscated it.
    Over 2.5 hours later the management told her they went through her purse and found marijuana because of a strong odor. They confiscated the contraband and discarded it before telling her and gave her a 2 week suspension. The employee did not consent to any searches and there was no agreement to random workplace searches.
    What should happen?

  2. What is the statute in nys for employee searches? I find it hard as a peace officer to be searched via both walk through metal detector as well as hand held.
    My concern is i have never shown any reason to be searched and find it unreasonable to be searched coming on duty and to be searched coming into turn in rwquired paperwork and to punch out .
    Without even entering the compound .what are the statute requirements for employers to follow in regards to general random searches of security services staff in a correctional facility in nys.how do i find this information

  3. Is it legal the search a purse, bag, jacket with informing the employee? And is it legal to open the employees car door without permission ?

  4. One of the supervisors opened my locker with out me being there or given him permission.

  5. I work as a nurse in a healthcare facility that utilizes walkie talkies along with a call light system. Our Administrator went thru our private lockers in the break room looking for missing walkie talkies without advance notice and without staff present. Any locker that was unlocked, she rummaged thru. Our policy handbook states that we may be searched, which is fine. But, can she legally rummage thru personal lockers (our names on our lockers) without us giving permission or even knowing about it? The only way I found out she went thru all lockers, was because a staff member saw her doing it. When they asked her what she was doing, she stated “I have a right to search lockers”. Please advise. p.s I guess I need to buy a lock for my locker. I wouldn’t have minded letting her look thru my locker if she would have asked.

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    You WANT Steven Sack on your side!He got RESULTS! At an extremely reasonable rate!He negotiated a better severance package for me, was always responsive, I never had to deal with a paralegal or assistant or anything like that. No. I had an experienced REAL lawyer answering my questions in a timely manner.He kept me apprised of all developments as they occurred. I couldn't possibly recommend him enough! Best negotiation I've ever had!
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    I appreciate his legal counsel. I went through series of abuse at work but it was not something that I could prove easily. I wish I knew him while I was getting abused but I came to find him after I got laid off. Due to the size of the company being one of the largest corp and have extensive legal team and having let go of many other people with me didn't help my case much. I needed to speak to someone who has realistic approaches and can tell me what I can expect. If you speak on the outcome wise, it wasn't any different before and after I paid $300 so some people might see it as waste of $300. For me, Steven's consultancy made me move on and helped me let go of things that I went through. He encouraged me in a very realistic way and I think I will sign my release and move on as company gave me 2 months to find a job plus more severance. I know most people would have moved on but I wanted answer. Steven's answer was very realistic and in fact was sad but that's not his problem to resolve. American corporations can bully an individual and find a way to make it legal. Steven felt bad about what happened but he gave me what the outcome would be like and essentially said it isn't illegal to bully someone and proving it is due to my autism is not something that can be proved easily. I thank Steven for being my therapist on legal part and I believe that was worth $300 for me. Thank you.
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    I have worked with Mr Sack twice now and he is fantastic. He is quick to respond, extremely knowledgeable and beyond helpful. He is honest in his opinion and clear in his methods. I appreciate him so much and I would recommend him to anyone in need of clear, sound advice and help.
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    Steven did an excellent job handling my case. He is very responsive, intelligent and knowledgably. The results were great, and I'm very grateful to have had him representing me.
    Steven Sack is the best attorney I have ever met. As a non resident alien in New York he provided clear advice and was always available for a discussion or strategic decision. My case was complex and had little changes, but he dit it! Without him I would have been completely lost. Never go without him. would be advice. He is the best of the best.
    Working with Mr Steven Sack was very positive. He set clear expections, was punctual and negotiated a positive outcome on my behalf. Thank you
    Ariel Weiss
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    Steven was super easy to work with and got the job done a lot faster than I expected. Was a really painless process and I am super happy with my experience! I highly recommend using him!
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    I am grateful that I was referred to Steven Sack by another law firm. I felt my options were limited and that perhaps a satisfactory resolution was impossible. Then I met Steven Sack. Professional, no-nonsense, and extremely empathetic is what I found within 5 minutes of speaking with Steven. His guidance and support in navigating the process was invaluable. His expertise led to a quick and positive outcome - a severance much more than I had imagined. I am grateful for his hard work and dedication to my case. I highly recommend Steven Sack without reservation.
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    Steven Sack is an extraordinary attorney and I am fortunate that I was referred to him by another firm. I can't thank him enough for the help he provided during a very difficult time.During my first conversation with Steven I immediately felt protected. He was empathetic, understood what I was going through, listened to me and asked great questions.After gathering all of my information, he immediately jumped into action and handled everything. Throughout the process, he gave me great advice, was incredibly responsive, provided crystal clear information, always kept me updated, and was super transparent about every single detail throughout the entire process.The result was better than I ever imagined it could be and I credit Mr. Sack's expertise and negotiating acumen with making it happen. Thank you, Mr. Sack!
    Katrina Palen
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    I highly recommend Steven Sack. You'll get efficiency, experience, and respect.I was a part of a structured layoff and was referred to Steven Sack. I'm really glad I was able to have him look over my contract and termination and give me the peace of mind that I was treated fairly and walked away with the best possible terms. When you're suddenly let go, emotions and stress can run hotter than normal, but Steven is a sensible, realistic, and pragmatic person who respects your situation and helps you understand what's going on. He brings his experience so that you can breathe a little easier in letting him handle the negotiations and what would be stressful conversations to handle yourself. He's communicative and will let you know the status as things progress, so you're not worrying about updates. Again, I highly recommend you reach out no matter your situation as the consultation process is very easy and Steven is very responsive.
    Cody Ciura
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    Steven was fantastic in all areas of his representation. He really cares about his clients. Steven is a great communicator and works hard to obtain the best result.
    Andrew Chung
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    Steven was very knowledgeable and personable. I was referred through a good friend, and I was impressed immediately. Steven helped me through my process and I was very pleased with the final result. I will continue to ask for his counsel through my career, thank you!
    Woody Curry
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    From our first interaction I knew that Mr. Sack was the right lawyer for me. He is a man of strong character who truly believes in fighting for what is right. He has a deep passion for the law & his clients. Mr. Sack doesn’t just talk a good game he stands behinds his convictions. He is direct & to the point when speaking with you. He said from the start that he would be honest & straight forward with me & he was, even when I did not necessarily want to hear the truth. He is compassionate & truly listens to his clients, but he will always tell them the hard truths about their case.Mr. Sacks years of experience speak for itself. Within a matter of several phone calls & emails to myself, my employer & their council he negotiated for me a much-improved severance package. A package that reflected my years of dedicated service, & the value I brought to my former employer. I was as a 23-year veteran employee with an impeccable personnel file & a strong reputation both inside the company & within my field.Bottom line, Mr. Sack is a seasoned professional with a direct, no-nonsense, take-charge approach towards working with his clients & negotiating for them. I would highly recommend him & would not hesitate to use his services again.-Christine TenEyck
    I had the privilege of working with Steven Sack as my employment attorney, and it is with utmost pleasure and gratitude that I write this review. Mr. Sack is a true champion who fought diligently on my behalf, ensuring that my rights were protected and interests were served. His unwavering dedication, exceptional responsiveness, and unparalleled professionalism set him apart as a remarkable advocate.From the moment I reached out to Steven Sack, I was impressed by his promptness in addressing my concerns. His responsiveness was nothing short of exceptional. He consistently made himself available to discuss my case, answer my questions, and provide me with the guidance I needed. I always felt valued as a client, as he took the time to listen attentively to my story and understand the intricate details of my situation.Throughout the entire legal process, Mr. Sack exhibited the highest level of professionalism. He approached my case with meticulous attention to detail, leaving no stone unturned. His expertise and experience in employment law were evident as he skillfully navigated the complexities of my situation. With each interaction, he displayed a deep understanding of the law and an ability to explain complex legal concepts in a clear and concise manner, ensuring that I was well-informed and able to make sound decisions.What truly sets Steven Sack apart is his unwavering commitment to his clients' best interests. He consistently prioritized my well-being and fought vigorously to achieve the best possible outcome for me. Throughout the process, Mr. Sack provided invaluable guidance, ensuring that I had a comprehensive understanding of my options and the potential consequences of each decision. His astute judgment and strategic approach allowed me to make informed choices that ultimately led to a more favorable resolution than I had initially anticipated.One aspect of working with Steven Sack that left a lasting impression was his integrity and reliability. He consistently followed through on his commitments, which provided me with a sense of trust and confidence. I was never left in the dark, wondering about the progress of my case, as he provided regular updates and promptly communicated any developments. Mr. Sack's professionalism and reliability instilled in me a sense of comfort and security during what could have been an overwhelming and stressful experience.In conclusion, Steven Sack is simply the best at his craft. His unwavering commitment to his clients, his exceptional responsiveness, his unmatched professionalism, and his ability to provide the best possible guidance are qualities that make him stand head and shoulders above the rest. I am eternally grateful for his outstanding representation, as it resulted in a better outcome than I could have ever imagined. If you find yourself in need of an employment attorney, I wholeheartedly recommend Steven Sack. With him by your side, you can rest assured that you will receive top-notch legal counsel and an advocate who will fight fiercely for your rights.
    Katrina Murray
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    This review comes less than 1 week of meeting Steven. From the first telephone call he was confident, professional and honest. He comes with experience that equal results. I was referred to Steven by another law firm for his expertise with my employment situation. I’m so happy the connection was made. I was given an appointment for the same evening for a consultation, though I opted for another day. In less than 72 hours..Huge progress was made. I have a ways to go but I’m convinced that I’m in good hands with Steven. I also received a FREE signed hardcover copy of Steven’s best selling book “FIRED!”. Thank you Steven you are THE BEST.. hands down.
    Christian Clare
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    Steven Stack helped me with an unfair severance package.I had one session with him and he helped me get triple my severance and additional bonuses by taking his advice and reading his book. If you have an unfair severance, his time and advice is worth it.Steven does good work. He's the real deal. I'm so grateful for his generosity with his time, and helping people in cases big and small.
    I had the pleasure of working with Mr. Steven Mitchell Sack, Esq. this year.Steven is honest with his clients, sets realistic expectations about a case, and always follows through on his promises.I was referred to Steven by a friend of mine, his former client, and now I myself can highly recommend Steven to anyone seeking legal help in labor relations.
    Steven was straight to the point, thorough and extremely respectful regarding all matters surrounding my employment termination. As a young person who had never hired a lawyer before, I am very thankful that I found Steven and that he was on my side. Steven valued my concerns and was a pillar of education and support for me. Steven Sack is the attorney you want to represent you, I cannot thank him enough for all of his help.
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    Steven was so helpful and patient. I had never been terminated from a job or worked with a lawyer before, so I had a lot of questions and anxieties. He not only explained my rights and helped ease my concerns around the situation, but he was even able to negotiate a better severance contract for me. He is incredibly responsive and I look forward to reading his book.
    cheryl klein
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    1681421935
    I retained Steven Sack and he is a class act. His knowledge and advice was far beyond what I expected. I had learned so much. I am so happy to have found him. He is the real deal. You will be glad to have him on your side.
    Anonymous
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    Steven Sack is a an incredible Lawyer. Very professional, kept me updated thru the whole process. Can’t thank him enough. I recommend him. 5 stars are not enough.
    Lola
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    1679687265
    I had a great experience with Steven Mitchell Sack. He was very empathetic, detail oriented and extremely knowledgeable of employment law. He returned my calls and e-mails quite promptly, and was very clear and honest with what to expect. When it came to negotiating my severance package, this attorney came through for me. He’s tough, but knows how to talk to lawyers, particularly in my case as we were dealing with a huge company. Thank you Steve, I’m so appreciative of your help.
    hazal kork
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    Steven really knows what he is doing, and he helped me get justice, cared and understood about what really happened. Will recommend him to any friend who might need it in the future.
    Renee P
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    1677531667
    Steven is an outstanding lawyer! He exceeded my expectations. He not only made me feel comfortable discussing my case from the start but was also very honest, attentive and does what he says! He is truly the BEST!!
    Rob Long
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    Steven pulled victory from the clutches of defeat. My situation was grim and I had no leverage in negotiating my severance. Steven stepped in, didn't over promise, and got me much better terms. He's great. An absolute miracle worker.
    Mr. Sack helped me get a severance when my employer had no intentions of providing me with one, after I was terminated. He tells you the truth; no bs, even though it might not be what you want to hear. He always answered my calls personally and exlpained next steps in details. He fought for my rights, and I'm very pleased with the outcome. Highly recommend!!
    Cenk Dölek
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    1676157347
    Steven Sack is not only very knowledgeable in his profession, he is also a good person, someone who believes in and lives by certain values and principles. He was very professional, guided me as I needed, a true expert by all means. Looking forward to reading his latest book!
    Ka Kong
    Ka Kong
    1676137967
    Mr. Steven Sack has played an integral role in negotiating my severance package from my employer. He is an expert attorney on employee rights and works diligently on his client's behalf to achieve the most favorable outcome. I have never met a lawyer who has shown such dedication to his client.
    Ricky Sharma
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    1675876149
    Steven is an incredible person that also happens to practice his craft on a level that will impress you out the gate. Hiring him and talking to him will immediately give you peace of mind. One thing to be careful of is that after working with him you will start expecting more from every other lawyer you ever work with!
    David LaCombe
    David LaCombe
    1675382537
    Steven Sack exceeded my expectations when he represented me in negotiating the terms of my severance. Steven is incredibly competent, and what I appreciate most about him is that he is a gentleman.Steven is punctual, thorough and he always kept his word. If he says he is going to do something, he does it.I recommend Steven without exception. He earned my complete confidence.
    J Guttenplan
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    1675289769
    Steven is amazing. When working with him he is easy to understand, transparent, and does what he says he's going to do. He actually answers his phone when you call and gets back to you promptly -- a quality that's becoming quite rare these days!I'm very glad I was referred to him.
    Eddie Vargas
    Eddie Vargas
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    I had the absolute pleasure of being represented by Steve and it was definitely more than a great partnership. He was with me throughout the entire process and the communication was absolutely stellar. Highly recommend Steve and his professional skill should you ever be in need of legal counsel or representation. Thank you Steve!
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    Jeff R
    Jeff R
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    Steven is a highly competent lawyer and extremely effective at what he does. Steven was referred to me and I will gladly refer him to others in the future.
    Steven is an incredible attorney and I highly recommend him!He always made himself available whenever I needed him, and he did exactly what he said he was going to do. He also stayed on top of my case with diligence, and consistently followed up with me regarding updates. I found him to be straightforward, honest and very knowledgeable. He is also a very nice guy and made me feel like someone was on my side and was going to help, and he gave great advice on how to move forward. I will certainly reach out to him if I ever need him again. Thanks greatly Steven!Vanessa S.
    A E
    A E
    1664895308
    Steven is fantastic. Efficient, concise and caring. Would 100% recommend.
    Bravheart
    Bravheart
    1664296141
    Steven Sack was very Professional, Sympathetic and truly cares about people he was very vital in helping me in resolving my issue Steve Sack truly loves his job & stress free. He was extremely responsive worked quickly, negotiating on my behalf. And it was worth it! I would definitely use him again with no hesitation!
    Brian Dunne
    Brian Dunne
    1663353965
    Steven is a highly professional and effective attorney. He is knowledgeable, honest, and transparent. I highly recommend working with him on employment contracts and any other related matter.
    Akbar Jaffer
    Akbar Jaffer
    1663282887
    I first heard of Steven on a morning radio show talking about his new book, Fired! Coincidently soon after that I needed somebody like him.Steven is super smart, very knowledgeable, thorough, and understands what a person is going through who is either accepting an offer or just got laid off or fired. He was very prompt to respond and turned things around within hours. Best part, his hourly rates are very reasonable.Steven is now on my permanent call list for all things employment law.
    Liz H.
    Liz H.
    1662499717
    Mr. Steve Sack did a great job with negotiating my employment separation agreement. He was able to get me more money in severance and an additional week of PTO. In addition, he was diligent with constant follow-up on my behalf with my former employer's attorney (who were very slow to respond), and with me for revisions in the agreement and obtaining the proper signatures over the course of several months. I would definitely recommend him.
    Lindsay H
    Lindsay H
    1660568863
    Steven was an amazing attorney to work with. He worked quickly during a time-sensitive matter. His communications and responsiveness were impeccable. Steven went above and beyond and even helped me after our contract was complete. He truly cares about his clients and I will be using him again.
    Mary MacDonald
    Mary MacDonald
    1659459419
    Steve Sack truly loves his job and cares about people. He was extremely responsive on all occasions, worked under a tight deadline, and made me laugh along the way. I felt completely at ease having Steve negotiate on my behalf...such a relief to not try to do that myself. And it was worth it! A true professional. I'd use him again in a heartbeat and have already recommended him to others.
    Nicole
    Nicole
    1659034436
    Steven made the process of navigating my employment situation very easy. He heard my concerns, was responsive, easily accessible and answered every question that I had. He explained to me what to expect every step of the way and his advice was spot on. Steven truly cares for his clients and has their best interest at heart. I highly recommend working with Steven.
    Maureen Wolf
    Maureen Wolf
    1656449950
    I was very happy with Steven and his service. He was easily accessible and responded promptly. I can certainly recommend him. Liked his book too.M.W. Fairfield County, CT
    Mr. Sack was absolutely incredible to work with. He was honest and communicative throughout every step of the process. I 100% recommend working with him!
    JA C
    JA C
    1648837691
    Steven Sack is like a David to Goliath. He is a rock star employment attorney with a big heart. He immediately took my call and negotiated my agreement. This man really cares about the people's rights. Knowledge/intelligence is his super power. God gifted Mr. Sack! Everyone should read his books to better protect yourself. Thank you.
    Chris Beal
    Chris Beal
    1644529165
    Steven Sack was amazing. I needed someone to review my offer quickly. Took my call and walked me through the same day! The whole time he was amazing. Actually is extremely funny and charming. I will forever recommend Steven to anyone who needs an employment lawyer. He is sincerely out to protect you!
    James Feliton
    James Feliton
    1639439415
    Steven reviewed a non-compete agreement for me and he was very professional and gave excellent advice.
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