Can your employer search your vehicle?

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Can your employer search your vehicle?

In Florida can your employer search
your personal vehicle?

Asked on May 26, 2017 under Employment Labor Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Your company can ask you to allow it to search your vehicle. However, while they cannot physically force the issue and open it without your consent, you can be terminated for not allowing it to do so. In fact, in an "at will" employment arrangement, an employee can be discharged for any reason or no reason at all, with or without notice. That is unless you have a union agreement or employment contract prohibitng such an action. Also, if your treatment somehow constitutes some form of legally actionable discrimination, then you would have a claim.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

They can't detain you or force you to open the trunk--you can just drive away. But they can fire you (or suspend you, or otherwise discipline you) if you won't let them do this, unless you have an employment contract protecting your job. Without a contract, you are an "employee at will" and may be terminated at any time, for any reason, including that you won't let your employer search your vehicle on demand. So you can refuse to be searched, but risk your job in doing so.


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