Legal Question in Employment Law in Tennessee

Re: employee privacy & searches

Employee privacy rights in Tennessee are fairly limited. As a general rule of thumb, the relevant question is whether the employee had a "legitimate expectation of privacy" in the area to be searched. The facts you state indicate that he may have had such an expectation, but it will be a pretty difficult claim to establish.

An issue with a greater chance of success, however, may resolve upon the question of why was his desk searched? If he had complained of some harassment, felt as if he was being discriminated against or refused to remain silent about or engage in some illegal activity, then the search and the termination could have been a form of illegal retaliation.

I would encourage your friend to consult with an attorney to discuss his rights and whether they have been violated. If your friend would like to contact me, I can be reached at [email protected].