Legal Question in Administrative Law in California

entering office

can a employer enter your office after termination?


Asked on 6/10/07, 4:38 am

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: entering office

Duh. It's their office, not yours. You have no expectation of privacy in it, and after being fired, it isn't 'yours' anymore, anyway.

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Answered on 6/11/07, 2:17 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: entering office

After you get terminated, it isn't "your" office anymore, is it? No prudent person keeps anything of significant value on an employer's premises, because you might get the heave-ho. Oftentimes the employer will put your personal mementos, potted plants, etc. in a box and you can get the box from the receptionist. I have had many prospective clients who left their time sheets or other evidence they could have used against the employer at the workplace, so sorry.

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Answered on 6/10/07, 11:46 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: entering office

I'd think the employer could enter "your" office at any time, whether during employment or after. The employee is at most a licensee of the space he occupies, and the right of possession is shared with the employer and the employer's agents, such as the janitor. Upon termination the license is revoked and the former employee has no right to enter of occypy the space (although occasionally the employer will allow the ex-employee in as its guest).

Further, there is no Fourth Amendment right against unreasonable searches and seizures. That civil right wouldn't apply because any search of an ex-employee's former office would be reasonable; in any event the 4th Amendment applies only to searches by the government and its agencies.

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Answered on 6/10/07, 1:01 pm


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