[dusty73]

Hey guys,

I got a question, my company came up with this policy (which I don't know why) that says that they can search anybody's car if they suspect has a gun and the parking lot. I understand the caution of 'postal' workers but isnt that a little over our rights?

[Geech]

You have a right to refuse, but then they have a right to fire you. Sorry.

[Duncan Idaho]

It may depend on which state you live in. Some states have statutes that protect cars as an extention of the person's home, or something to that effect. OTOH it is their property. If they don't want certain items on their property, I reckon that it is their prerogative.

I had a customer once that didn't want me to carry in my truck while working on her house. I didn't work on her house. Problem solved.

[faustulus]

Companies can write anything in a policy.
You can be fired over not following that policy.
But they can't force you to open your vehicle.

[foghornl]

Varies from state to state, but unless they have a regular Police execute a formal search warrant, cannot make you opne your car.

[TarpleyG]

If they ever pull that crap here, I'll park across the street. Parking is easier to come by than a job. Maybe you can do the same.

GT

[Carlos Cabeza]

Just park in the street if possible, and make ABSOLUTELY sure your weapon is in a secure lockbox inside the vehicle.

[4v50 Gary]

Company premises, company policy. Don't want your car searched? Park off premises, car pool, take public transportation or ride a bike. Searches are likely to be cursory if at all. They'll get complacent and won't rummage through an empty trunk. They have to give notice though so folks can't complain on a legal basis.

[CZ 75 BD]

can say what is not allowed. Does it matter if the employer is leasing the building/property?

[Coronach]

No. If he is leasing the building, it is the same as if he owned it (for these purposes). What you are discussing is a company policy. You can legally refuse to allow any search not based upon probable cause or a warrant (which is also based upon probable cause) and conducted by a LEO. Of course, they can also fire you for not abiding by their policy.

The choice is yours.

Mike

PS I'd park elsewhere. Or find another job.

[Intune]

DEAR CRIMINALS, THIS IS A GUN-FREE ZONE! PLEASE LOOK ELSEWHERE FOR UNARMED VICTIMS.

THANK YOU, THE MANAGEMENT.

There. Feel safer?

:banghead:

[Sindawe]

I had the same situation at my last employer. Company developed and put in place policy that reserved them the right to search any vehicle parked on company property, refusal punishable by termination. As a result, I stopped parking on the company lot, instead parking in the street. Other employees started asking me why I was parking in the street, I pointed out the new policy to them. There respnse?



"If you have nothing to hide, why worry about it?"


I got that so many times, I finally asked one of my female coworkers if she would pass me her purse. She asked why, I said I wanted to search it and make sure she had no illicit drugs in there.

"I'm not gonna let you surch my purse!" she replied

"If you have nothing to hide, why worry about it?" I stated.

She finally started to get it at that point.

[Hkmp5sd]

The place I work has parking areas which are open to the public and areas that are inside the security perimeter of the facility.

Most employees park in the "public" areas and then walk through security. The company holds that cars in these areas are not subject to search without the same warrants LEOs require for search.

Anyone entering the security perimeter must go through a gate with security guards and show company ID. Anyone entering or exiting this area in a vehicle is subject to have their car "inspected" by security. They may look in the car or trunk, but they may not use their hands and "search" the vehicle.

As for guns, the company essentially has a "don't ask, don't tell" policy about keeping them in the vehicle. Everyone knows who has guns in their car and who does not. Guns are frequently sold in the parking lot. I've bought several rifles and handguns in the parking lot from other employees and carried them across the lot to my vehicle in plain view of everyone. No big deal around here.

[Smurfslayer]

Nobody here has posted anything which is bad advice...

They may request to search your vehicle, and if you refuse, your employment may be in jeopardy. They may not, however, enter your vehicle without your permission ( at least if it's locked ). Now, if you had a convertible, top down - what have you - and for some reason left your lights on, and a helpful employee reached in & turned the lights off for you and noticed a prohibited item & reported it - tough cookies, you're out of luck. Also, if you have items in plain view which would lead the local law to believe that there was illegal cargo in the vehicle, they may try to get permission / warrant to search....

I suggest - 1: Know your state/local law and 2: worst case, talk to the police. My understanding (locally) was that if the employer went into a locked car without the owner's permission, they might be on the hook for at least vandalism, possibly attempting to steal the car. This all depends on the circumstances as a whole. Obviously, if they were to rifle through your locked car, tossing stuff out on the pavement, and Johnny Law arrived to hear you state he wasn't supposed to be in there, the searcher would very likely be visiting the grey bar hotel...