Illegal Search?
#12609
01/14/07 03:39 PM
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Joined: Sep 2006
Posts: 3,533
Gravelface
OP
Junk Yard Dog
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OP
Junk Yard Dog
Joined: Sep 2006
Posts: 3,533 |
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
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Re: Illegal Search?
[Re: Gravelface]
#12610
01/14/07 05:35 PM
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Joined: Dec 2006
Posts: 18,009
Magnum22
Junk Yard Dog
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Junk Yard Dog
Joined: Dec 2006
Posts: 18,009 |
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.
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Re: Illegal Search?
[Re: Magnum22]
#12611
01/14/07 07:08 PM
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Joined: Sep 2006
Posts: 1,279
Rat Finkenstein
Junk Yard Dog
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Junk Yard Dog
Joined: Sep 2006
Posts: 1,279 |
time to look for a better job, IMO. <img src="/ubbthreads/images/graemlins/thumbdn.gif" alt="" />
Signature line-> ______________________________
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Re: Illegal Search?
[Re: Rat Finkenstein]
#12612
01/14/07 08:50 PM
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Joined: Oct 2006
Posts: 71
DennisinMA
Pooch
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Pooch
Joined: Oct 2006
Posts: 71 |
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.
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Re: Illegal Search?
[Re: DennisinMA]
#12613
01/14/07 09:33 PM
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Joined: Jan 2007
Posts: 2,066
tony22r
Junk Yard Dog
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Junk Yard Dog
Joined: Jan 2007
Posts: 2,066 |
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
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Re: Illegal Search?
[Re: DennisinMA]
#12614
01/14/07 09:35 PM
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Joined: Sep 2006
Posts: 205
oddball
Mutt
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Mutt
Joined: Sep 2006
Posts: 205 |
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.
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Re: Illegal Search?
[Re: oddball]
#12615
01/14/07 10:29 PM
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Joined: Sep 2006
Posts: 1,309
TKC
Junk Yard Dog
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Junk Yard Dog
Joined: Sep 2006
Posts: 1,309 |
That seems some wrong on many levels!!
JYD #6!
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Re: Illegal Search?
[Re: TKC]
#12616
01/15/07 02:23 AM
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Joined: Sep 2006
Posts: 110
Luckee
Mutt
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Mutt
Joined: Sep 2006
Posts: 110 |
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.
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Re: Illegal Search?
[Re: Luckee]
#12617
01/15/07 02:58 AM
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Joined: Sep 2006
Posts: 2,957
rooikat
Junk Yard Dog
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Junk Yard Dog
Joined: Sep 2006
Posts: 2,957 |
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.
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Re: Illegal Search?
[Re: rooikat]
#12618
01/15/07 07:30 AM
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Joined: Oct 2006
Posts: 1,769
Jerrwhy
Junk Yard Dog
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Junk Yard Dog
Joined: Oct 2006
Posts: 1,769 |
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!
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Re: Illegal Search?
[Re: Gravelface]
#12619
01/15/07 09:46 AM
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Joined: Sep 2006
Posts: 470
Rich
Mongrel
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Mongrel
Joined: Sep 2006
Posts: 470 |
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 10:17 AM.
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Re: Illegal Search?
[Re: Jerrwhy]
#12620
01/15/07 09:49 AM
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Joined: Sep 2006
Posts: 99
Rich_S
Pooch
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Pooch
Joined: Sep 2006
Posts: 99 |
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.
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