Workplace Searches and Interrogations

From a company's perspective, the need for workplace searches and interrogations is sometimes a necessary aspect to protect against potential company-policy breaches. Often, the question arises whether an employer may search the contents of an employee's desk, locker, personal belongings, computer files, and other items, without violating the employee's privacy rights. As such, employers often find themselves balancing the need to protect company assets against the employee's right to privacy.

Federal and state laws govern employee's privacy rights in the workplace. Generally, employers may conduct workplace searches and interrogations of its employees if there is: 1) a reasonable basis for suspicion of employee wrongdoing, or 2) no reasonable expectation of privacy in the item or thing existed.

While most employee privacy rights claims are determined on a case-by-case basis, courts will typically look at the following factors to determine if an illegal workplace search and/or interrogation occurred:

• Whether the employee was a public employee or a private employee. Public employees have greater protection under the Fourth Amendment;
• Whether the search was on company or personal property;
• Whether the workspace was open to the public or other employees;
• The context in which the search took place;
• Whether the employer had a clear policy informing its workers that public or personal property was subject to workplace searches.

To determine if your privacy rights were violated, ask yourself the following questions:

• Does the company routinely conduct similar searches?
• Were you properly notified of a search, or the potential for a search?
• Was the search reasonable under the circumstances?
• Was the person conducting the search authorized to do so?
• Were you held against your will?
• Did you cooperate with the search or interrogation?
• Were you were physically or verbally threatened?
• Was there a clear written policy in place concerning workplace searches?

Moreover, while employees may not have a reasonable expectation of privacy in their work effects, such as computers, desks, and lockers, employees generally have a reasonable expectation of privacy in their personal items, such as purses, briefcases, and luggage. Therefore, employers generally may not search personal items without a court-ordered warrant, for example.

If you believe you were the victim of an illegal workplace search or interrogation, you should speak with an employment lawyer about your case as soon as possible. A knowledgeable employment lawyer can not only establish your privacy rights, but may help reinstate or compensate you for loss of your job and/or reputation if you were fired, suspended, or placed on probation after a workplace search and interrogation.