Can a company search your vehicle that's parked on their property? I say no way. Others, including management disagree. Any thoughts? Thanks.
Barring law to the contrary, if you are on their property, they write the rules. Seems to be a jurisdictional thing, i.e., local law dependent. The concept has been tested in court with varying results.
What does the handbook or offer of employment that the employee signed say? Another way to look at it is. My House, My Rules.
If you have not signed any formal employee agreement clarifying their right to search vehicles on company property, nor is the property posted with signage stating their right to search.... it would then be my opinion that they would have to have a search warrant issued and executed by the police with probable cause. If it is a company vehicle, you have no legal standing to keep the company from searching it (it is their property). If you have not vacated your rights by signing something..... Never, Ever consent to a search.... make them get a warrant. If they have probable cause... then so be it... make them follow the law. Worst case, you get fired, for the employer not being able to look into your car.... or they could just trespass the vehicle and have it removed from the property. It ultimately comes down to the law.. and how much you value working for that employer.
There is also the issue that, if one makes an employer get a search warrant to search an employee vehicle, they may exercise their right to release said employee back into industry.
I know many folks that park on the street or in public parking due to the employee handbook rules that they signed, as a term of employment. The employer has no rights to look at a vehicle parked in that manner, off site.
They can ask nicely. I will graciously decline, just as I would any other search of my property. My employee handbook has been on my desk for almost a decade, unsigned, with a note and tabs indicating exactly why. I met with management when the issues of searches, CCW, and personal property came up. Not a word has been said about it since.
Since I live in Company Housing, and drive a Company Vehicle, I have little Expectation of Privacy, here... HOWEVER, Since the Company is my LandLord, they are REQUIRED to give me Notice, before granting ANY Search of my Housing, by State Statute.... Also, because they are here, only 3-4 Months a year, the chances of this ever being an issue, are about NILL, and it has never happened, since I have been here, starting back in '91....
In Florida, anyway, parking your car on Company property with their permission gives them no rights of entry whatsoever. And the very most they can do is have it towed if you do it without their permission. Entering an employee's vehicle without his authorization would in fact be a felony crime under FL, Stat. 810, which most specifically includes conveyances. And, if it was locked at the time, Breaking and Entering would be an additional offense. Further, if the employee had a firearm in his vehicle, and the employer (or his agent) handled it (that is, took possession of it, even for an instant) that would bump things up to the commission of a felony with a firearm. For both the employer and his agent, if he sent some clown around to do it for him. In FL, if you arm yourself before or during a burglary, you're very toastable. And, oh, yes, if you cousin Claude was asleep in the back seat at the time, he would be 100% legally justified in shooting the intruder dead. In Florida, car-jacking is no longer considered a trivial offense. If somebody opens your car door, or reaches in through the window, or just orders you out of the car because they decided they want to steal it, and lethal force is allowed. That's one of the three things I like best about Florida. The other two are the great weather and the fact that there's no state income tax.
Pretty sure that if they have any sort of signage indicating that by parking on their land, you consent to a search of your vehicle, then you're stuck with it. Probably the same, if they've informed you of the same, during any time of your employment. Otherwise, I'd tell them to go get a search warrant and a cop.
What state are you in and why would a search, besides being invasive concern you. Just curious not flaming.
if there is a company policy or waiver you signed. THey can in most states UNLESS its a motorhome. In which case its your home and they cant. I did some work for a large egg laying facility and because of biohazard/disease contamination the employees had to sign a form saying they 1) had no chickens nor did their neighbors and 2) the company rep could drop by anytime and inspect for chickens. If they didnt sign they did not work at the facility. Chickens in high density facilities are subject to rampant disease so this didnt seem like it was over the top.
Where I used to work, at an employee meeting, the plant manager stated as it is deer season, there are a lot of firearms in vehicles. What I disliked was the gun free zone signs on the doors.
I work there a few weeks a month. And I can carry at work and the boss knows. Several of us carry. I even have my Non Rez CCW permit
This^^^ I've had many a discussion with our plant safety manager about those signs. Not only does it announce it to the world, I have stated and believe that if protection is taken away from us, it is assumed that the company will bear the responsibility for our safety. They didn't like that view.
@GrayGhost A few in local HR felt the same way as we do. The HR manager said the edict came down from corporate. As he has his CCW, I'm prone to believe him. As over 90% of all these senseless shootings occur in gun free zones; the signs make me nervous. Why not a sign saying unarmed victims inside?
Ours came down the corporate ladder as well. Consequently, I've taken to carrying a 6 inch fixed blade on my side at all times. As a mechanic, I say it's one of the many tools I use to perform my duties and, therfore, nothing can be said about me carrying it. Our company even restricts the carry of knives. There have been a couple of mentions from people about me carrying it to hr, but nothing has come of it. It's a tool.
@GrayGhost What business is it of those carrying tales to HR; other than they are liberals? As you use it as a tool, my guess is their only way out is buy you the tool they prefer. Where I worked ignored knives. I did a search and the number is 92% Since 2009, 92 Percent of Mass Shootings Have Occurred in Gun-Free Zones - Freedom Outpost