Can my Employer Search My Car?

by Isaac Benmergui, Esq on January 29, 2018

Can my Employer Search My CarIn Florida, there’s generally little expectation of privacy at work. Private employers are allowed to conduct video surveillance of employees while on duty, except in restrooms or changing areas. Employers are also allowed to monitor your Internet usage and emails.

However, when it comes to your desk, locker, or workspace, the law is less clear, so it’s a good idea to get permission from employees before conducting searches. Your employer may also be allowed to search bags and purses with permission. Make sure you’re familiar with your employment handbook or your employment agreement before taking action against an employer.

In some cases, employers may outline circumstances in which searches may be conducted, and by signing your employment agreement, you may have agreed to these searches. This is especially common in retail environments, where small-scale theft is common. You can get around these policies by leaving personal items in your vehicle. Keep in mind too, that the invasiveness of a search is important. While most employers may be allowed to require employees to open their bags and let a supervisor look inside, a pat-down search may not be allowed, even if the employer notifies you of it beforehand.

In Florida, gun owners do enjoy additional protection against searches of their vehicles. Florida employees have a right to keep lawfully possessed firearms in a locked private vehicle at work, and employers are not allowed to search vehicles or take actions against employees who exercise this right.

Keep in mind these rights have several exceptions, including those who work for nuclear energy-providers, homeland security, schools, correctional facilities, employers who manufacture explosives, or if you are prohibited to carry firearms by law.

Call Miami Employment Lawyer Isaac Benmergui at 305.397.8547 and set up a no charge, no obligation consultation to discuss your case. We have over a decade of experience handling Employment Law and Civil Litigation cases throughout Miami and South Florida, and will use our expertise to help your case to the best of our abilities.

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