Phoning before delivery

[Oldfart]

Sorry, we don't have any such sign at my station, so no, they don't have the right to search it.

Get a search warrant and a police officer can search it, not FedEx.

The they you are referring to are the authorities, not FedEx. If FedEx wants to know what the authorities found, they can request that information, through the proper avenues.

We have 4 gates at our station. All 4 have signs about no tailgating and that vehicles are subject to search. Our lockers in the bathroom have a similar sign as well. I do know we had a handler stealing packages a while back and I saw security looking in her car. No idea if it was legal but I would imagine they would know for sure before they initiated the search. I am sure Dano can give us the exact legal ramifications.

 

[whenIgetthere]

Sorry, we don't have any such sign at my station, so no, they don't have the right to search it.

Get a search warrant and a police officer can search it, not FedEx.

The they you are referring to are the authorities, not FedEx. If FedEx wants to know what the authorities found, they can request that information, through the proper avenues.

When I was delivering to a customer who has many drivers on the road like FedEx, I noticed the lockers the drivers use have clear doors on them. I could see FedEx going to that, but that would cost some money.

 

[SmithBarney]

If your car is parked on company property and they want to search it for stolen packages or drugs, doesn't the sign on the gate say they have the right to search it?..

The sign can whatever it wants, they still need to follow the law when it comes to searching personal property(regardless of where it resides)

 

[Oldfart]

The sign can whatever it wants, they still need to follow the law when it comes to searching personal property(regardless of where it resides)

Does anyone besides Dano know for sure they can't search your car on company property? What is the law?

 

[MAKAVELI]

Does anyone besides Dano know for sure they can't search your car on company property? What is the law?

What makes you think FedEx doesn't have to follow the law regarding search and seizure just because your car is parked on their property? The Fourth Amendment doesn't end on commercial property.

 

[Oldfart]

What makes you think FedEx doesn't have to follow the law regarding search and seizure just because your car is parked on their property? The Fourth Amendment doesn't end on commercial property.

IF you will notice, I asked what the law is? I don't know for sure, do you? It could be a Homeland Security deal or an FAA deal. Maybe the game warden could get called. They can search your car without a warrant. I found that out the hard way 1 time.

 

[Fred's Myth]

IF you will notice, I asked what the law is? I don't know for sure, do you? It could be a Homeland Security deal or an FAA deal. Maybe the game warden could get called. They can search your car without a warrant. I found that out the hard way 1 time.

Your personal vehicle can only be searched by a Law Enforcement Official and only with Due Cause that a crime has been committed. Law Enforcement can only search your vehicle with your permission, or a search warrant. Check FindLaw.com among other websites.

 

[MAKAVELI]

IF you will notice, I asked what the law is? I don't know for sure, do you? It could be a Homeland Security deal or an FAA deal. Maybe the game warden could get called. They can search your car without a warrant. I found that out the hard way 1 time.

Law enforcement has to have " probable cause " to search your vehicle. To my knowledge FedEx management is not considered law enforcement.

 

[SmithBarney]

Does anyone besides Dano know for sure they can't search your car on company property? What is the law?

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"
http://www.workplacefairness.org/workplace-searches

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.

 

[MAKAVELI]

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.

It really wouldn't matter if FedEx owned the property. They do not have the authority to search personal vehicles.

 

[SmithBarney]

It really wouldn't matter if FedEx owned the property. They do not have the authority to search personal vehicles.

As much as I'd like to agree with you, read that page I posted, basically if your employer has a Clear Policy, and policy states it is a condition of employment, then you've given the Authority to do so, as a condition of your employment.

Now the question is does FedEx have a Policy(probably they have a policy for everything)
Still a grey area on leased property,
Park off property if you are really worried.

Now near the bottom of that page says:
Many courts find searches to be illegal, even with notice, when an employer has engaged in socially unacceptable conduct by demonstrating a complete disregard for the search's effect on an employee.

Pretty much if they decide on searching you FedEx better be 100% certain they'll find something otherwise the courts will eat them up. So if you have nothing to hide, let em search then sue em.

 

[MAKAVELI]

As much as I'd like to agree with you, read that page I posted, basically if your employer has a Clear Policy, and policy states it is a condition of employment, then you've given the Authority to do so, as a condition of your employment.

Now the question is does FedEx have a Policy(probably they have a policy for everything)
Still a grey area on leased property,
Park off property if you are really worried.

Now near the bottom of that page says:
Many courts find searches to be illegal, even with notice, when an employer has engaged in socially unacceptable conduct by demonstrating a complete disregard for the search's effect on an employee.

Pretty much if they decide on searching you FedEx better be 100% certain they'll find something otherwise the courts will eat them up. So if you have nothing to hide, let em search then sue em.

When it comes to personal vehicles, no they do not have the authority, regardless of their policy. I would recommend the opposite. Deny them access to your vehicle and if they fire you, sue them. The law is on your side and the burden is on them to prove they had probable cause.

 

[SmithBarney]

Unfortunately, You gave them Authority as a Condition of your employment.(as long as that is what policy states) It's a legally binding agreement, as much as we hate it. I could care less, maybe they'll find my paystubs in the car with my welfare checks too.

 

[MAKAVELI]

Unfortunately, You gave them Authority as a Condition of your employment.(as long as that is what policy states) It's a legally binding agreement, as much as we hate it. I could care less, maybe they'll find my paystubs in the car with my welfare checks too.

Lockers and personal belongings yes but not cars. Like I said the burden is on them to prove they had probable cause. The Fourth amendment and law is on your side. I have also never personally witnessed or heard of the company trying to search a personal vehicle. If a situation is that serious, most likely they would get law enforcement involved.

 

[SmithBarney]

Lockers and personal belongings yes but not cars. Like I said the burden is on them to prove they had probable cause. The Fourth amendment and law is on your side. I have also never personally witnessed or heard of the company trying to search a personal vehicle. If a situation is that serious, most likely they would get law enforcement involved.

Look its a condition of employment, just like FedEx requires you to wear black shoes to work there, if you don't you get sent home(or fired if you continue to not comply) it's something you agree to as a condition of employment.

Much the same way you agree that you/possessions/vehicle may be searched, as a condition of employment.

Believe me I want to agree with you, its a crappy deal but the more I read the more I learn.

Feel free to cite sources why you believe otherwise.

As for the 4th... you may want to read a bit more on it. But conditional employment would trump the 4th even if it applied


"Public employees work for the government, so any action by a public employer is by definition a "state action" and subject to the Bill of Rights. For this reason, employees of any level of government have the constitutional right to be protected from unreasonable search and seizure as guaranteed by the Fourth Amendment to the U.S Constitution. However, the Constitution only applies to state action and not to the actions of private employers. Public-sector employees have greater protections against workplace searches from their employers than private-sector employees do."

Private-Sector Vs. Public-Sector Workplace Searches

"The law regarding employee searches involves a careful balancing of the employer’s right to manage his or her business and the privacy rights of employees. For example, the Fourth Amendment to the United States Constitution provides protection for all persons against unreasonable search and seizure of their persons, homes, and personal property, and this doctrine applies when the employer is the government. However, most private employers are exempt from this doctrine"

The Limits to an Employer’s Search

 

[MAKAVELI]

Look its a condition of employment, just like FedEx requires you to wear black shoes to work there, if you don't you get sent home(or fired if you continue to not comply) it's something you agree to as a condition of employment.

Much the same way you agree that you/possessions/vehicle may be searched, as a condition of employment.

Believe me I want to agree with you, its a crappy deal but the more I read the more I learn.

Feel free to cite sources why you believe otherwise.

As for the 4th... you may want to read a bit more on it. But conditional employment would trump the 4th even if it applied


"Public employees work for the government, so any action by a public employer is by definition a "state action" and subject to the Bill of Rights. For this reason, employees of any level of government have the constitutional right to be protected from unreasonable search and seizure as guaranteed by the Fourth Amendment to the U.S Constitution. However, the Constitution only applies to state action and not to the actions of private employers. Public-sector employees have greater protections against workplace searches from their employers than private-sector employees do."

Private-Sector Vs. Public-Sector Workplace Searches

"The law regarding employee searches involves a careful balancing of the employer’s right to manage his or her business and the privacy rights of employees. For example, the Fourth Amendment to the United States Constitution provides protection for all persons against unreasonable search and seizure of their persons, homes, and personal property, and this doctrine applies when the employer is the government. However, most private employers are exempt from this doctrine"

The Limits to an Employer’s Search

To my knowledge I have never signed anything giving permission to search my personal vehicle.

 

[SmithBarney]

To my knowledge I have never signed anything giving permission to search my personal vehicle.

You don't have to, did you sign anything saying you'd come to work in uniform... I know it sucks, but I believe it to be as acurate as I've read, maybe dano will get back from the islands soon and answer.

 

[MAKAVELI]

You don't have to, did you sign anything saying you'd come to work in uniform... I know it sucks, but I believe it to be as acurate as I've read, maybe dano will get back from the islands soon and answer.

Um I think it would have to be specific, down to license plate. How would they know which car belonged to me?

 

[SmithBarney]

Um I think it would have to be specific, down to license plate. How would they know which car belonged to me?

haha, good point, you must not have 32 cameras on the outside of your building...and another 40 inside.
Guess you walk home and hope they don't have it towed away?

 

[Oldfart]

Law enforcement has to have " probable cause " to search your vehicle. To my knowledge FedEx management is not considered law enforcement.

Where has anyone said management would search your vehicle? Security would be the dept. doing it. I have friends in security and they tell me in most cities, our security staff is sworn is as local deputies and have actually assisted local agencies in warrant roundups. To my knowledge, you continue to miss the point. I have no idea what anyone's rights are when it comes to searches. I have nothing to hide and if searching a car will get rid of a thief or someone with drugs on company property, I am all for it.