Legal Question in Employment Law in Illinois
my company made a new company policy hand book. they have put in the hand book that they can go into your car if they think you are using drugs, drinking or stealing. Can they go into your car?
1 Answer from Attorneys
Depends on a lot of things so the issue is why do you want to know -- general inquiry or you're angry about this kind of "invasion of privacy" or you doing something you're concerned about their finding out about??? For example, if you're required to drive as part of your work and use your own car then they may have a perfect right since you could injure someone on the job if you're impaired by drugs or alcohol..... Or if you park on company grounds you're on private property and courts are letting employers have wide berth for employee rules. But they better have some way of evidencing why they think you're using drugs, drinking or stealing. Random drug tests have been ok'd by the courts as long as the possibility is made known and it is performed by a reputable independent lab, etc. It may all depend on how they implement and enforce this rule. Whether they have "probable cause" may not be necessary. And if you were to invoke 5th amendment rights in case they demanded access, what does that say about what they might find unless you're doing it as a matter of principle? Be careful but good luck.