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Privacy is a highly volatile area of law. In order to determine whether or not your employer in the private sector has violated your right to privacy, here are a few factors to consider:<\/p>\n
What type of employment is involved?<\/strong><\/p>\n For example, an employer is permitted to search your clothing or possessions to determine whether there has been theft of company property, so in the retail environment, it is customary to check an employee’s belongings to prevent theft of merchandise. It is less customary to do so in an office setting where an employee’s access to easily concealed and\/or expensive items is limited.<\/p>\n Is there a legitimate business reason for the search?<\/strong><\/p>\n For example, an employer has an interest in recovering an item that it believes to be stolen, or preventing workplace violence by ensuring that employees are not bringing weapons into the workplace. However, courts are more likely to find that an employer who engages in random searches without any reasonable suspicion that an employee has violated the law or any workplace policies is violating its employees’ privacy.<\/p>\n