Consent Search

[leonie36]

I am an employer in Nevada who has about 30 employees. 1 of the morning shift leader opened the store and apparently attempted to steal the evening deposit that was not properly dropped into the secure. I reviewed all the safety camera evidences and it pointed to the morning shift leader as the only viable thief. I asked to seach his vehicle and asked him to empty out his pocket. He also lowered his pants to prove that he had practically absolutely nothing in his pants. He also gave me consent to seach his automobile. Later on, the evening deposit bag was located underneith the phone book. He most most probably place it there till he can take it residence soon right after his shift. Did I do some thing incorrect by asking to search his automobile and for asking him to empty out his pocket? Can he sue me for humiliation? Can I go to jail?

[logen]

Anyone can sue any person for some thing.Even so, you look to have appropriate defenses.I agree that you want to fire the employee rapidly (right after consulting an lawyer). You possibly don't have to give him a explanation but if you do I would not be distinct.Soon after all "I reviewed all the security camera evidences and it pointed to the morning shift leader as the only viable thief" sounds a tiny iffy. Did the cameras show him deciding on up the deposit and placing it under the telephone book? If not, you require to be cautious about what you say. An accusation of theft without having proof can be defamation.I also recommend filing a police report to cover your self. In a lawsuit it could be a sticky query as to why you did not make contact with police (if you didn't) when the income initial turned up missing.Perhaps practically nothing will come of this, but you ought to be ready if 1 thing does.

[seung76]

[lorimar]

Probably so.But, even if liability doesn't usually take place, the legal charges for defending your self undoubtedly can.My remarks were cautionary if not 100% correct right down to the previous unsplit hair.

[Aziel]

I'd agree with adjustor port--you're 100% much less likley to possess costly troubles to protect if you just finish him with no comments.If it was his duty to appropriately close-up and he did not do that--that could be regarded as a genuine "trigger" if this heads to an UC reading--but I'd remain kilometers clear of robbery dilemma...And I'd keep that protection recording--in a safe location--he might not realize what it does not show---Truly if requested for a guide by your absolute very best pal with a business outdoors I'd be most cautious to destroy him by total refusal to supply any Suggestion than to venture into issues of possible robbery....

[Blainey]

You did not make a crime and you will not visit prison, or does "embarrassment" represent an underlying cause of action. It's *possible* he might provide a civil claim against you for intrusion of privacy - companies possess a restricted capability to search a worker's individual - though he did agree to the search. Overall, I believe youare concerned about only it'd behoove you to go over this with an area employment law lawyer only for future research. Much is determined by related case-law within your State.BTW, I really hope you dismissed the worker. All resonable data points to his shame and that you don't need proof to fire him. Being an at-will employee, he can be dismissed for any cause that's not specifically banned and you can eliminate him for feeling of theft.

[Yuuto]

"An accusation of theft without proof can be defamation."Not if it's said only to the suspected thief.
You can tell anyone you wish to that you think they're a horse's patoot.
It's only if you start spreading that around that liability could ensue.
:)