Phoning before delivery

Oldfart

Well-Known Member
Best I can find, basically if the company has an clearly established policy(a sign is not a policy) they might be in the clear, although there is a "reasonable expectation of privacy"
Workplace Searches - Workplace Fairness

As far as vehicle searches, since a large portion of FedEx stations are located on Leased Property, technically FedEx doesn't own some of the properties so there is a bit of grey area when it comes to that. I suppose you could park on the street if you are worried about searches.
Offsite parking came into play recently with one of my coworkers. He was going hunting after work and had his rifle in the truck. He had to park next door due to the firearms on property rule. I guess if you want to steal a package or sell drugs, just park next door and you won't have to worry about getting searched.
 

dezguy

Well-Known Member
And you do? You are a courier at me researchFdx and have a law degree? WOW
So wait a second, here.

You already stated "I don't know" several times so far in this thread, yet you still are here, throwing shots at others who may have done some research and educated themselves?
 

Oldfart

Well-Known Member
So wait a second, here.

You already stated "I don't know" several times so far in this thread, yet you still are here, throwing shots at others who may have done some research and educated themselves?
Would have a hard time taking legal advice from a FDX courier. His answer is lawsuit and warrants to everything. He might or might not be correct. I would rather discuss this with a lawyer if I had a question. I have nothing to hide, only a guilty person would.
 

MAKAVELI

Well-Known Member
Would have a hard time taking legal advice from a FDX courier. His answer is lawsuit and warrants to everything. He might or might not be correct. I would rather discuss this with a lawyer if I had a question. I have nothing to hide, only a guilty person would.
It's not about being guilty. It's about privacy rights and the Fourth Amendment.
 

dezguy

Well-Known Member
Would have a hard time taking legal advice from a FDX courier. His answer is lawsuit and warrants to everything. He might or might not be correct. I would rather discuss this with a lawyer if I had a question. I have nothing to hide, only a guilty person would.
I have nothing to hide, either. Still wouldn't let FedEx search my property and if they insisted, they could call the police while I was on the phone with my lawyer.
 

STFXG

Well-Known Member
If the sign is posted then you are agreeing to the terms when you enter their property. If you don't like it, park down the street.
 

MAKAVELI

Well-Known Member
Dude, back up your statements, I've provided plenty of links for you to read. Stop throwing the 4th amendment out... try understanding it first.
Look bro, they can not search your car without your consent, regardless of any sign or policy. Now if they decide to fire someone for refusing a search of their vehicle, they better have credible evidence on that employee for probable cause or that employee will most likely be getting a nice settlement. They can't just arbitrarily demand a search for anyone's Vehicle at anytime. It just doesn't work that way.
 

Oldfart

Well-Known Member
Look bro, they can not search your car without your consent, regardless of any sign or policy. Now if they decide to fire someone for refusing a search of their vehicle, they better have credible evidence on that employee for probable cause or that employee will most likely be getting a nice settlement. They can't just arbitrarily demand a search for anyone's Vehicle at anytime. It just doesn't work that way.
Says the forum angry militant. Where did you get your law training? Might want to consult an attorney before you try to hide any contraband in your car. I can't believe the company would hang hundreds of signs around the country about searching cars on the property if security didn't have the authority. I might be wrong but then again so might you. I say search away and get rid of the thieves.
 

SmithBarney

Well-Known Member
Look bro, they can not search your car without your consent, regardless of any sign or policy. Now if they decide to fire someone for refusing a search of their vehicle, they better have credible evidence on that employee for probable cause or that employee will most likely be getting a nice settlement. They can't just arbitrarily demand a search for anyone's Vehicle at anytime. It just doesn't work that way.

Here's the deal, I said it is a condition of employment...Don't get hung up on the semantics of words. You are arguing rights, I'm saying condition of employment, they are different, and can overlap, but not one in the same.

Here are some other conditions of employment, that if you don't follow you'll be terminated.
You must wear a proper uniform,
You must have a current license,
You must wear all black shoes(YMMV on this one depends on management)

So sure, They do not have a right to search your vehicle.
But, They do have a right to fire you if you refuse to let them search.

They can fire you in any one of the 28 Right to Work (AKA Right to Fire) states
and they don't even need a reason, they just say goodbye.
 

MAKAVELI

Well-Known Member
Here's the deal, I said it is a condition of employment...Don't get hung up on the semantics of words. You are arguing rights, I'm saying condition of employment, they are different, and can overlap, but not one in the same.

Here are some other conditions of employment, that if you don't follow you'll be terminated.
You must wear a proper uniform,
You must have a current license,
You must wear all black shoes(YMMV on this one depends on management)

So sure, They do not have a right to search your vehicle.
But, They do have a right to fire you if you refuse to let them search.

They can fire you in any one of the 28 Right to Work (AKA Right to Fire) states
and they don't even need a reason, they just say goodbye.
CA is an at will state and they can fire you for any unprotected reason. But the caveat is that reason must be valid reason. It's really not so cut and dry here in Cali.
Employment at Will: What It Really Means in California
California's Labor Code contains a presumption that employees are employed at will. This means that either the employer or the employee may terminate employment at any time, with or without cause or prior notice. This is important for employers because "cause" is defined under California law as "a fair and honest cause or reason, regulated by good faith on the part of the employer." Employers would be significantly burdened if they had to prove to a court or jury that they acted "fairly" and "in good faith" in every employee termination.

Courts in some cases have found that employer policies or statements of managers have overcome the presumption of employment at will, such that an implied contract to be terminated only for good cause arose. One such policy is a rigid "progressive discipline" policy under which employees cannot be fired until a series of prior warnings and lesser sanctions have been imposed. Managers' assurances of secure or long-term employment might also be found to overcome the presumption of employment at will in some circumstances.

Employers should do everything they can to preserve employment at will. It is not a good idea, though, to tell an employee only that "we are exercising our employment-at-will rights and terminating you." Because there are so many other grounds for employee lawsuits, you should still be sure to document the reasons for terminating an employee. This includes providing prior warnings, when appropriate, for poor job performance and less serious types of misconduct such as attendance policy violations. These warnings should not be given pursuant to a formal progressive discipline policy but rather simply to establish that misconduct or performance issues occurred and that the employee was put on notice of them, to rebut a later claim that the termination was motivated by an unlawful reason such as discrimination or retaliation.
 
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Fred's Myth

Nonhyphenated American
Says the forum angry militant. Where did you get your law training? Might want to consult an attorney before you try to hide any contraband in your car. I can't believe the company would hang hundreds of signs around the country about searching cars on the property if security didn't have the authority. I might be wrong but then again so might you. I say search away and get rid of the thieves.
How utterly retarded your argument is. You speak with the authority of a self-righteous ignoramus. And YOU were critical of MFE??? Yin and Yang.
 

Oldfart

Well-Known Member
How utterly retarded your argument is. You speak with the authority of a self-righteous ignoramus. And YOU were critical of MFE??? Yin and Yang.
I speak from experience and what I have witnessed when it comes to searching a cars. It has been done where I am. I have no idea if it is legal or not. If it will deter someone from stealing, search every car every day. If I go to a sporting event, they search my wife's purse. No idea if it's legal but she lets them do it. They search my luggage at the airport. Homeland says its legal, but I have no idea. Tupac is ready to call a lawyer and sue anytime he thinks big brother has done him wrong. Then again. Tupac CLAIMED to know everything about doing time cards as well and I quickly discovered he didn't know squat.
 

dezguy

Well-Known Member
Man, you guys are high security, down there.

None of the stations I have ever worked at or visited have any signs stating FedEx could search your personal vehicle, that I have noticed. Only that FedEx wasn't responsible for any damage while your vehicle is on FedEx property.
 

Fred's Myth

Nonhyphenated American
I speak from experience and what I have witnessed when it comes to searching a cars. It has been done where I am. I have no idea if it is legal or not. If it will deter someone from stealing, search every car every day. If I go to a sporting event, they search my wife's purse. No idea if it's legal but she lets them do it. They search my luggage at the airport. Homeland says its legal, but I have no idea. Tupac is ready to call a lawyer and sue anytime he thinks big brother has done him wrong. Then again. Tupac CLAIMED to know everything about doing time cards as well and I quickly discovered he didn't know squat.
You basically accused the man of being a smuggler. Check the definition of those big words you try to use before you use them.
 
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