Employers faced with growing security problems are resorting to stricter measures to protect company facilities, property, and employees. Although such measures may accomplish their objectives, too often employees' rights are violated in the process. Employers use a variety of techniques when they suspect someone of misconduct, including searching a person's office or locker without your knowledge or consent, requesting you to open a briefcase or package when leaving a company facility, and conducting a "pat-down" search of your person.

Although each case is decided on its own merits, the law generally states that office searches are permitted if an employer has a reasonable basis for suspecting the employee of wrongdoing and the search is confined to nonpersonal areas of the employee's office. Although the office and documents relevant to company business are the property of the employer, clearly visible personal items cannot be searched and employers cannot conduct a search if there is no reasonable ground for suspicion. Also, employers cannot conduct nonconsensual searches of your home; doing so leaves them liable for trespass.

Counsel Comments: Suppose your employer decides to search your desk or locker. Do you have the right to sue for invasion of privacy? The answer depends on how much privacy you legitimately expected to have. If the employer announced that the company had a policy of searching desks, lockers, and other areas in the workplace, you can't expect much privacy and probably won't get a favorable decision in court from a judge if those areas are searched. But if no policy existed, you kept your locker or desk locked, and only you had the key or the combination, you might reasonably expect those areas to be protected and be able to prevail in a lawsuit, especially if the employer searched and retrieved personal contents in your handbag that were kept in a locked desk.

Searches of your briefcase, locker, or packages can be legitimate provided the employer posts signs reminding employees that personal property is subject to search and there is probable cause to single you out for the search. But such practices must be imposed on all employees in a nondiscriminatory manner. For example, searching the lockers only of women or a particular ethnic group may be illegal.

Tip: If you believe you were the victim of an employer's search, ask yourself the following questions:

• Were similar searches conducted before?

• Were you notified that the employer reserved the right to search? If so, how?

• What was the object of the search? Was it reasonable?

• Was personal or company property confiscated?

• What did you do during the search? Who conducted the search?

• Did you refuse to cooperate?

• Did the search have an offensive impact? Were you grabbed, jostled, or held? Were you coerced, physically threatened, or verbally abused to force you to cooperate?

• Was a pat-down search done with probable cause, out of view of other employees, with no aggressive behavior used? (Note: If so, this may be legal.)

• Were you held against your will? Were you so intimidated by the experience that you were afraid to leave or told that you could not leave until you answered all questions?

• Were you chosen at random with others, or were you the only one singled out and searched in front of others? If so, were you stigmatized by the suspicion of wrongdoing?

If you answered yes to some of the preceding questions, speak to an employment lawyer immediately. You may have a strong case for reinstatement or compensation if you were fired, placed on probation, suspended, or given an official reprimand after the search. If you were grabbed, jostled, held, or physically threatened during a search, or instructed not to leave a room while being questioned, the employer could be liable for damages as a result of various legal causes of action, including assault, battery, and/or false imprisonment.

Tip: In any interrogation, you generally have the right to know whether you are a suspect, the purpose of the interview, why questions are being asked, the ability to leave the room at any time, and the right to refuse to sign anything and speak to a lawyer. You may also have the right to refuse that a tape recording be made of the interview or request that a tape be made of the conversation for future reference.

However, by asserting your rights, you could be providing the company a basis to fire you on the spot for insubordination. This sometimes occurs so be aware of it.