Can an employee refuse to allow a search of their personal pocketbook if it contains personal detailed medical information?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can an employee refuse to allow a search of their personal pocketbook if it contains personal detailed medical information?

I was clocked out and leaving the workplace when a “loss prevention” employee demanded to look in my pocketbook. I refused because I was receiving treatment for a medical condition of a personal nature. He then told me that I had no choice and threatened to “arrest” me. (He is not a police officer.) I was prepared to be fired to maintain my privacy, but I was then accused of shoplifting and told that refusing the search was evidence of “suspicious behavior”.

Asked on October 3, 2011 under Employment Labor Law, Rhode Island

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

What can happen is what did happen: you can refuse, in the sense that the "loss prevention" employee has no power to force you to allow the search. If he believes based on whatever evidence (your behavior; tip from another employer; workplace video security camera; something is missing that you had access to; etc.) that you shoplifted or stole, he can contact to the police and make a report. If the police believe the evidence is credible, they may arrest you...if they don't believe it's credible, they won't take action. If this person contacted the police or otherwise claimed to anyone that you stole when you did not, you may be able to take legal action against him and/or the company, possibly for defamation. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption