Can I have an employee’s house and/or car searched?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I have an employee’s house and/or car searched?
An employee has been taking home our patients’ medical files. She has been told twice not to and that it violates our patients’ privacy. I do not have proof but she has started a home business and I think she is copying information from our patients’ files to use in her new business. I intend on firing her but I am concerned about just how much of my business info she has copied and has at home. What can I do?
Asked on May 2, 2011 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you believe she has committed crimes--stolen property, including files belonging to your company--you may report her to the police; if you have some evidence or grounds for this, the police *may* take action--though they may not; they may consider it primarily a civil dispute.
You can yourself bring a legal action in civil court against this person. You could file a lawsuit seeking an injunction, to prevent her from taking or using information, as well as seeking economic damages. You'd need some grounds to initiate the suit, but once initiated, could use the legal process of "discovery" to get more evidence. You should speak to a business attorney about this possibility.
In the future, have all employees sign confidentiality agreements and key employees sign non-soliciation and non-competition agreements for more protection.
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.