Can an employer...

[shiva2620]

What is the name of your state (only U.S. law)? California

Can an employer legally search someone's things based on hearsay alone and not notify the person they are searching, and then fire said person for what was found?

 

[cbg]

Maybe. Put the situation into context, please.

 

[shiva2620]

Maybe. Put the situation into context, please.

My friend was fired today from home depot after his stuff was searched. They didn't tell him that they were searching his things and they only did it based off of what some other person had heard from someone else.

 

[cbg]

And what did they hear? More to the point, what did they find?

I am not a dentist. I do not pull teeth. Either give us the complete story (not just the details you think will mean you get the answer you want) or go pay a lawyer for your answers.

 

[shiva2620]

And what did they hear? More to the point, what did they find?

I am not a dentist. I do not pull teeth. Either give us the complete story (not just the details you think will mean you get the answer you want) or go pay a lawyer for your answers.

They overheard that he was a pot smoker, and they found a pipe in his stuff that was unused. At least that is the story I heard from my friend. I would assume that they would at least have to tell you that they're going through your stuff.

 

[cbg]

Don't assume.

How about you have someone who actually knows what happened, like your friend, sign up instead of expecting us to respond to second-hand information. And tell him to expect to give the WHOLE story, and not just the third of it that he thinks makes him sound like an innocent victim.

 

[justalayman]

what constitutes "their stuff"?


while it might (and I stress: might) be criminal to search his private property, that does not mean they cannot fire him for what they find.

 

[davidmcbeth3]

Any employer wants to search my stuff? Best be ready to be arrested for theft or attempted theft.

 

[justalayman]

Any employer wants to search my stuff? Best be ready to be arrested for theft or attempted theft.

Um, theft requires a taking. Attempted theft requires an intent to take. If they were simply looking through your stuff, there may be no criminal act. It might be stretched to something such as a trespass of some sort or invasion of privacy but in reality, I seriously doubt the prosecutor would entertain the demand for criminal charges.

as well, there may have been a notification to the employee that as a condition of employment, anything they bring onto the employers premises is subject to search. If so, OP (or you) would have absolutely no claim of impropriety let alone any criminal act.

 

[davidmcbeth3]

Um, theft requires a taking. Attempted theft requires an intent to take. If they were simply looking through your stuff, there may be no criminal act. It might be stretched to something such as a trespass of some sort or invasion of privacy but in reality, I seriously doubt the prosecutor would entertain the demand for criminal charges.

as well, there may have been a notification to the employee that as a condition of employment, anything they bring onto the employers premises is subject to search. If so, OP (or you) would have absolutely no claim of impropriety let alone any criminal act.

Well, they can make their argument in court.

 

[justalayman]

Well, they can make their argument in court.

if the prosecutor refuses to file charges, there will be no court to argue in. I seriously doubt a prosecutor would file any charges given the situation.

Of course, if you think there was some tort involved, you would be welcome to file whatever suit you believe is applicable but charging a person with theft is not a tort but a criminal violation which you have no control over.

 

[st-kitts]

Any employer wants to search my stuff? Best be ready to be arrested for theft or attempted theft.

Might want to read your employee handbook and see what you have already signed in terms of consenting to search while on the employer's property. Might be eye opening for you.

 

[FlyingRon]

Further, if Joe tells the employer that he saw drugs on Bill, it is NOT hearsay.

 

[swalsh411]

Might want to read your employee handbook and see what you have already signed in terms of consenting to search while on the employer's property. Might be eye opening for you.

And that consent can be instantly revoked. The employer's recourse would be to terminate employment.

Your employer cannot force you to consent to a search of your person or personal property. They can legally fire you if you refuse.

 

[justalayman]

swalsh411;2941586]And that consent can be instantly revoked.

sure it can. Did you read somewhere where the guy revoked any possible previously granted permission. You cannot revoke it retroactively.

Your employer cannot force you to consent to a search of your person or personal property.

that all depends on where you work. There are places where they can forcibly search you or your possessions but Home Depot is not one of them.

The problem you have is you are speaking of the employer asking to search you or your property. If they simply search your property and you have given prior consent, then there is nothing you can do about it.