Legal Question in Constitutional Law in Pennsylvania

Employer searches of employee property

I am retired and work part time as a computer sales specialist for a local retailer. When leaving work at the end of a night (and only at the end of the night when the store is closing), the store manager(s) ask employees if they can look in any bag, briefcase, or container the employee is carrying. They say they have a ''RIGHT'' to do this. Do they have a ''RIGHT'' to conduct such a search and, if so, where does it end? Can they search my pockets or do a strip search?

Doesn't the Constitution give me the right to not be searched without a warrant or due cause?

Can an employer as a ''condition of employment'' usurp my rights?


Asked on 1/19/05, 10:07 pm

1 Answer from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Employer searches of employee property

The Constitution protects you from unreasonable searches conducted BY THE GOVERNMENT. Pennsylvania is an "at will" employment state, which allows an employer to fire you for any reason, or no reason, so long as it is not discriminatory. If all employees are searched (i.e., not just the African American ones, or not just the women, etc.) one would be hard pressed to find something in their procedure that is illegal. I'm assuming that you don't have a contract, but you may have a written employee manual which addresses this issue. If they are violating their own policy, then perhaps that fact could be called to their attention.

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Answered on 1/21/05, 9:17 am


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