Legal Question in Constitutional Law in California
Can my employer legally search my car if they stated they have a random car search policy?
2 Answers from Attorneys
This is not a Constitutional Law question. The Constitution governs relations between the government and the people, and between branches of government, not between private employers and employees. You have no Constitutional rights when it comes to anything other than government. Civil rights not related to the government are the product of statute and case law, not the Constitution. This is an employment law question.
The actions of a private person do not constitute a constitutional violation as indicated by Mr. McCormick. Unless the actions of an employer are governed by tort law they are not prohibited. If your employer has a policy of randomly searching his employees vehicle, he can proceed to search. Your remedy is to withdraw from the employer -employee relationship. If another individual breaks into your vehicle that may constitute a violation of law, i.e., burglary or malicious mischief. He can be arrested or sued for damages. Your employer has a special relationship with an employee because he permits you to enter his property. The permission can be contingent on a random search of the employee vehicles entering his property. There are different approaches depending on the circumstances. But Mr. McCormick is correct this is not a constitutional issue.
Related Questions & Answers
-
My girlfriend was arrested weds night. pulled over for a tail light and... Asked 9/24/13, 10:22 pm in United States California Constitutional Law