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Illegal Search? #12609 01/14/07 04:39 PM
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Gravelface Offline OP
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I was at work yesterday and granted this isn't a big deal as I really don't care about my job (just holds me back from talking with you fine folks). My Boss and [censored]. Boss came to me and asked me to empty my pockets....like I said, I don't care about them so I emptied them.....I first thought it might be about the pain pills I keep in an empty chapstick tube (smaller than actuall bottle and I have a script for them so I wasn't concerned) then I started pulling knives.....maybe they had a problem with a warehouse employee keeping knives....my CRKT M21-04 cliped to my pocket, my [censored]. Shaker in a AAL. sheath in one pocket and my Mean Street (Fatty) in the other, and finally my leatherman.....the entire time the management teams eyes are getting bigger....but hey, like I said...I DON'T CARE. Then finally I pull my cell phone and get written up for it?! WTF! I tried to explain that I have a wife and child (who is in school) and if they need to get hold of me then it is easier than calling the store. I was instructed I am violating company protocal by carrying a cell phone...?! I started on "Black Friday" and have just been pushed through the system...no "official" training.....no certification on fork lifts...but use it anyway.....and they write me up about a cell phone....

At the time, I didn't care....but then started thinking about it...and it ticked me off! I feel that the police don't even have that right without Resonable Suspicion....does a company have the right to tell you to "empty your pockets"?


EMail if you have a spare 460!!!! JYD# 2
Re: Illegal Search? [Re: Gravelface] #12610 01/14/07 06:35 PM
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Magnum22 Offline
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did they reserve the rights to surprise inspections and such of what you keep on your person in the company policy? they shoulda given you a copy or explained it to you when you signed on. even if they didn't you legally can't plea ignorance of the rules as a reason for not following them. it could be a ploy to get to see those knives and they'll find some other reason to let you go. in the end, unless you're union, you're at their mercy. now we're on course for unions against unions.


JYD #7 Preserve the Yard.
Re: Illegal Search? [Re: Magnum22] #12611 01/14/07 08:08 PM
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Rat Finkenstein Offline
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time to look for a better job, IMO. <img src="/ubbthreads/images/graemlins/thumbdn.gif" alt="" />


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Re: Illegal Search? [Re: Rat Finkenstein] #12612 01/14/07 09:50 PM
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Hmmm. Not forklift certified. You COULD call OSHA and tell them anominously that someone at XYZ Co. is operating a forklift w/o certification. Or better, tell them that you WANT certification adn they won't let you and tell you that forklift work is REQUIRED. <img src="/ubbthreads/images/graemlins/smile.gif" alt="" />

Yeah, I'm a stinker. OSHA would be all over them for a week and then their ins. rates would go up.

Re: Illegal Search? [Re: DennisinMA] #12613 01/14/07 10:33 PM
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tony22r Offline
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Gravelface..
watch your back bro.
looks like someone's got an agenda maybe.. so don't give 'em any reasons.


JYD #5 "If you don't buy one now, you'll just kick yourself later.." -Karnack
Re: Illegal Search? [Re: DennisinMA] #12614 01/14/07 10:35 PM
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oddball Offline
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About 6 weeks ago I changed jobs after suffering horible work conditions in my previous job for about a year.

A long story short, my salary increased 25%, I work with people I like and I'm much happier.

While my job is white collar, I hope you can make a similar change.

I suggest that you have a chat with your boss and ask what positions are allowed a cell phone. If they don't tell you how you can move to one of those positions, they don't care about you at all. The only way you can advance in your career is to move. At that point, start looking for a new job.

Another thing, I wouldn't carry more than one small fixed blade and a leatherman. That's enough to scare the sheeple and you have only got two hands.

It's sad that you can pick up a reputation for doing 100% legal things. It's just easier to play it safe.


Arf arf arf... That's my other dog impression.
Re: Illegal Search? [Re: oddball] #12615 01/14/07 11:29 PM
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TKC Offline
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That seems some wrong on many levels!!


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Re: Illegal Search? [Re: TKC] #12616 01/15/07 03:23 AM
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Luckee Offline
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GravelFace, I agree with Tony it sounds like someome may have a hidden agenda but Magnum also has a good point about if they reserve the right for suprise inspections. You might want to look into that.

Re: Illegal Search? [Re: Luckee] #12617 01/15/07 03:58 AM
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rooikat Offline
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I carry my large folder tucked into the front of my pants, to the right of my belt buckle, just forward of my right hip.
A few years ago, my boss (at the time) spotted it, and asked what it was. I said there was nothing there. We repeated the same lines each maybe 10 times until the subject changed. Nothing ever came of it.
Sounds like you got raped there, Gravel. I feel for you.
When it comes down to it, all bosses suck, all jobs suck. If it was fun, they wouldn't have to pay us to be there.

Re: Illegal Search? [Re: rooikat] #12618 01/15/07 08:30 AM
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Jerrwhy Offline
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GF,

Firstly, I doubt you'd have much of a case since you complied with your bosses order. Yeah it sucks but that's reality. Unreasonable search and seizure probably doesn't apply in this case since they were not law enforcement officers, and you were on private properity.

Next time you see you boss tell him you've thought about the situation and have decided to do the right thing and file a greviance against him. After all you're operating a fork lift without training or qualifications. Then file another one against him for not getting you the training on company policy.

Peace
Jerry


Klaatu... verada... necktie The 16th Dog!
Re: Illegal Search? [Re: Gravelface] #12619 01/15/07 10:46 AM
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Rich Offline
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As I understand it the laws against unreasonable search do not apply to non-law enforcement people on private property and your options in a case like this are fairly limited. You did have the right to refuse to turn out your pockets, but then they would have been within their rights to fire you on the spot.

Personally, I would not want to work at any job where they treated me like you were treated. Fortunately I work at a place that does not treat their employees like criminals and my boss is great to work for. I am not getting rich here, but I love what I do and look forward to going to work each day. I have been working here for 27 years thus far and I am still having a ball. I hope you can find a job that will be just as good for you.

Last edited by Rich; 01/15/07 11:17 AM.
Re: Illegal Search? [Re: Jerrwhy] #12620 01/15/07 10:49 AM
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Rich_S Offline
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When I was a college student, over 10 years ago, I worked for a big freight shipping company part-time. Every night, on the way out, they made us walk through a metal detector and then made us get spread eagle while they patted us down. They also had propaganda posters about the penalties for stealing merchandise plastered all over the place. It was like being in prison.

Re: Illegal Search? [Re: Rich_S] #12621 01/15/07 02:25 PM
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Rich Offline
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Sounds disgusting. <img src="/ubbthreads/images/graemlins/barf.gif" alt="" />

Re: Illegal Search? [Re: Gravelface] #12622 01/15/07 02:50 PM
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Dumpster Dan Offline
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Quote
I was at work yesterday and granted this isn't a big deal as I really don't care about my job (just holds me back from talking with you fine folks). My Boss and [censored]. Boss came to me and asked me to empty my pockets....like I said, I don't care about them so I emptied them.....I first thought it might be about the pain pills I keep in an empty chapstick tube (smaller than actuall bottle and I have a script for them so I wasn't concerned) then I started pulling knives.....maybe they had a problem with a warehouse employee keeping knives....my CRKT M21-04 cliped to my pocket, my [censored]. Shaker in a AAL. sheath in one pocket and my Mean Street (Fatty) in the other, and finally my leatherman.....the entire time the management teams eyes are getting bigger....but hey, like I said...I DON'T CARE. Then finally I pull my cell phone and get written up for it?! WTF! I tried to explain that I have a wife and child (who is in school) and if they need to get hold of me then it is easier than calling the store. I was instructed I am violating company protocal by carrying a cell phone...?! I started on "Black Friday" and have just been pushed through the system...no "official" training.....no certification on fork lifts...but use it anyway.....and they write me up about a cell phone....

At the time, I didn't care....but then started thinking about it...and it ticked me off! I feel that the police don't even have that right without Resonable Suspicion....does a company have the right to tell you to "empty your pockets"?


Remember the un-written rule of jobs: "If you have a job you can get a job, if you don't, its a hard road".

Think of it this way, use this job to buy you the time to find a different and better job. At the least, you will arrive at the current job with a smile on your face in realizing what it is doing for you. There is life after this job but its hard to see it sometimes. Hang in there!

Dan

Re: Illegal Search? [Re: Dumpster Dan] #12623 01/15/07 03:49 PM
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oddball Offline
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It took me about 7 months to decide I wanted to leave my last job and about 5 months to find my new job.

The last ten pay checks spent like any other.

That is good advice Dan.


Arf arf arf... That's my other dog impression.
Re: Illegal Search? [Re: oddball] #12624 01/15/07 05:35 PM
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TKC Offline
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Indeed it is good advice Dan.


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Re: Illegal Search? [Re: TKC] #12625 01/15/07 07:02 PM
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Gravelface Offline OP
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Now get this........I don't even know what to think....I was offered Warehouse Lead?! What are these numbnuts thinking? Either way I am bailing....I ran into an old LE buddy of mine and he said even as I am I can get on with the Parish Sheriffs Office. I might ride out my current job till I lose a bit of weight...


EMail if you have a spare 460!!!! JYD# 2
Re: Illegal Search? [Re: Dumpster Dan] #12626 01/15/07 07:06 PM
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Jerrwhy Offline
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Quote


Remember the un-written rule of jobs: "If you have a job you can get a job, if you don't, its a hard road".

Think of it this way, use this job to buy you the time to find a different and better job. At the least, you will arrive at the current job with a smile on your face in realizing what it is doing for you. There is life after this job but its hard to see it sometimes. Hang in there!

Dan

Easier said than done. It took me a while to decide to want to leave my job in the middle of a school year and seek employment elsewhere. Now that I've made the decision to quit I simply want to resign now and be done with it. However, responsibility prevails.



Peace
Jerry


Klaatu... verada... necktie The 16th Dog!
Re: Illegal Search? [Re: Jerrwhy] #12627 01/15/07 09:47 PM
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I used to have an awesome but very low paying job at the local army surplus store but my boss was a terrible business man and went under. I decided I wanted to
start my own business selling canadian surplus and mora knives locally and on the net. It will take me awhile to get going but it is very exciting and I am loving the freedom. I may get a paper route or something for a little excersice and a very little income. I am lucky as saskatchawan is a very cheap place to live.
You can buy a nice little house in a small town for way under 10 grand candian.
My friend is a dishwasher and he bought 2 houses one for him and one for his parents.


"if you want to be a hero you have to learn to drive stick"! Sara Conner
Re: Illegal Search? [Re: Unsub] #12628 01/15/07 11:07 PM
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Gravelface Offline OP
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That's it.....I am moving to Canada~~~~~!!!!


EMail if you have a spare 460!!!! JYD# 2
Re: Illegal Search? [Re: rooikat] #12629 01/16/07 06:20 PM
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tony22r Offline
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...When it comes down to it, all bosses suck, all jobs suck. If it was fun, they wouldn't have to pay us to be there.
rooikat,
Quoted for Truth! If it was FUN.. it wouldn't be called WORK!


JYD #5 "If you don't buy one now, you'll just kick yourself later.." -Karnack
Re: Illegal Search? [Re: tony22r] #12630 01/16/07 07:24 PM
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Gravelface Offline OP
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If it wasn't fun I wouldn't do it!


EMail if you have a spare 460!!!! JYD# 2
Re: Illegal Search? [Re: Unsub] #12631 01/16/07 07:33 PM
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Troy Offline
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Really??!! <img src="/ubbthreads/images/graemlins/eek.gif" alt="" />

I am definitely in the wrong area. <img src="/ubbthreads/images/graemlins/laugh.gif" alt="" />

Quote
I used to have an awesome but very low paying job at the local army surplus store but my boss was a terrible business man and went under. I decided I wanted to
start my own business selling canadian surplus and mora knives locally and on the net. It will take me awhile to get going but it is very exciting and I am loving the freedom. I may get a paper route or something for a little excersice and a very little income. I am lucky as saskatchawan is a very cheap place to live.
You can buy a nice little house in a small town for way under 10 grand candian.
My friend is a dishwasher and he bought 2 houses one for him and one for his parents.

Re: Illegal Search? [Re: Gravelface] #12632 01/17/07 06:54 PM
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Magnum22 Offline
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Quote
Now get this........I don't even know what to think....I was offered Warehouse Lead?! What are these numbnuts thinking? Either way I am bailing....I ran into an old LE buddy of mine and he said even as I am I can get on with the Parish Sheriffs Office. I might ride out my current job till I lose a bit of weight...

so wait....why are you gonna bail? you need to work, you're already doin a job you don't care for, and you were doin it well enough that you were offered a promotion. you've gotta support that family of yours and you're in school. i say stick with it. does it come with a pay increase? sometimes you land in the next tax bracket and end up with less in your pocket. if such is not the case, i'd advise you to accept. even if it's the same money, i'd advise you to accept. at the very least you can put promotions in your work history, so you still gain something. if you can sustain the damage in your avatar, you can sustain this.


JYD #7 Preserve the Yard.
Re: Illegal Search? [Re: Gravelface] #12633 01/19/07 02:10 AM
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The gun laws in canada suck compared to the US but saskatchawan is the best province as far as gun ownership. It helps that there are less than amillion people and 400 000 registered guns an probably twice as many unregistered.
Mostly farm rifles and shotguns though. More guns per capita than the US and very little gun crime.


"if you want to be a hero you have to learn to drive stick"! Sara Conner
Re: Illegal Search? [Re: Unsub] #12634 01/19/07 02:21 AM
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Gravelface Offline OP
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Small percentage of the population committing the majority of the gun crime....


EMail if you have a spare 460!!!! JYD# 2
Re: Illegal Search? [Re: Gravelface] #12635 01/24/07 04:41 AM
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Andy Wayne Offline
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That sucks. Pretty stupid to give you $h!t over a phone. Like 80% of the population carries them. They should get with the times. There’s all kinds of things you could do to get revenge as an enemy on the inside. Especially if you’re thinking of leaving. And something I learned in business law class at school, even if you were a horrible employee, they can’t give you a bad reference to a future employer, or you can sue them. Instead of using a chapstick tube for pills, have you ever tried one of those keychain pill fobs? I have a couple extra stainless steel ones if you’re interested. I keep one on my keychain with a BP pill and a Darvocet in it. The only downside is if you have several or larger pills, then they won’t all fit.


JYD #4
Re: Illegal Search? [Re: Andy Wayne] #12636 01/24/07 03:52 PM
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PSG1 Offline
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If it went down the way you said it did they did nothing illegal. They asked you and you complied. If they made threats and made you turn out your pockets then you may have something. Also depends on your state laws but if you put medication in another bottle other than the original it is a misdemeanor. There is also laws on the books that forbid someone from stopping you from getting a signal (i.e. radio, cell, dish tv). Might see if anyone else was asked to turn out there pockets. Might be a discrimination issue too. Most work places have gone to hell and are getting worse.


I love my country but fear my government.
Re: Illegal Search? [Re: PSG1] #12637 01/24/07 10:26 PM
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Andy Wayne Offline
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Also depends on your state laws but if you put medication in another bottle other than the original it is a misdemeanor.

I thought it was as long as you have the perscription (“legal permission”) it was ok, but a PITA for them because it’d have to be verified through the Dr. or pharmacy that you’re entitled to have the medicine. Shouldn’t be a problem anyway though, because without reasonable cause, the police can’t search it anyway, because it’s a sealed container and would need reasonable cause, or a search warrant. And for all they know, it contains OTC painkillers or vitamins, so they wouldn’t normally have reasonable cause to search it.

Quote
There is also laws on the books that forbid someone from stopping you from getting a signal (i.e. radio, cell, dish tv).

Yeah, that’s against FCC regulations to interfere with a broadcast signal. But I think that’s aimed more at electronically blocking a signal, not physically taking a phone away for instance.


JYD #4
Re: Illegal Search? [Re: Andy Wayne] #12638 01/24/07 10:49 PM
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Especially if you’re thinking of leaving. And something I learned in business law class at school, even if you were a horrible employee, they can’t give you a bad reference to a future employer, or you can sue them.

True but be very careful depending on this as an umbrella to allow you to do whatever you want as a "parting gift." There are ways around this that are incredibly difficult and expensive to prove in court.

Especially be careful of this action, depending on the industry. There are only 4-5 places to work in each city for my specific job title and only two of these positions in each place. Consider roughly 200 metro areas in the US (DMA- Designated Market Area) and that I couldn't make enough to make the transition worthwhile to move to one of these positions in anything but the 75 largest DMAs. I'm in one of those eight positions in St. Louis which is the 21st largest market.

Trust me... in many fields if you goof around, you make a name for yourself through the grapevine and will find yourself unemployable. Legal ethics won't completely dissuade the human desire to gossip; especially if you make yourself... memorable.

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