Property Searches

Property Searches

Property Searches. California courts have not defined the extent of an employee’s right to privacy in the area of employer-owned property used exclusively by the employee. Existing case law appears to suggest that the privacy provision is not intended to protect employees from searches of company-owned property such as lockers, desks and vehicles.

An employer’s search of employee property brought onto company premises more closely approaches invasion of a constitutional privacy interest. The scope of a potential privacy right in these circumstances hinges on an objective assessment of the employee’s expectation of privacy. Nonetheless, the employee’s privacy interests may be outweighed by the employer’s interest in the productivity and well-being of the workforce, and security of the premises. If you want to conduct searches, follow these precautions to minimize exposure to liability for inappropriate searches:

Maintain keys or combinations to each desk, vehicle or locker used by employees on company property. Notify employees about this.
Disseminate written policies about your right to conduct searches of lockers, desks, vehicles, etc., to all employees. Obtain employees’ acknowledgment of receiving and reading these policies.
Provide notice to employees that pockets, purses, lunch boxes, tool kits, etc., may be searched. Obtain employee consent before any search is conducted.
Supply all locks used on company property. Forbid employees from using their own locks.
Conduct searches in an evenhanded and nondiscriminatory manner.
Do not proceed with the search if the employee credibly denies knowledge of your search policy.

Even if you take all of these precautions, litigation and liability can arise from any search, particularly given the unsettled state of the law in this area. Check with a competent labor and employment law attorney before engaging in any search activities.

Establishing Company Property and Privacy Policies. Establish a policy that addresses company-provided property. A property and privacy policy will help avoid claims that you committed an invasion of privacy by searching the property. For example, if you review email messages received or sent by employees using a company email account, the privacy policy becomes useful when you must address potential theft or require monitoring or investigating an employee’s use of the property. Your property policy should:

List all company-owned facilities and property available for the employees to use (for example, desks, computers and so on).
State that the property belongs to the company.
State that company property is subject to inspection by the company at any time.
List when employees can and cannot use your property. For example, you can state that employees cannot use copiers for personal reasons, such as copying flyers for a non-company activity.