Question

"Where does an employee have a reasonable expectation of privacy? What does an employer have to prove if it wants to search lawfully in a location where there is a reasonable expectation of privacy?"

a) In personal vehicles; Prove suspicion of misconduct

b) In break rooms; Prove necessity for security measures

c) In personal lockers; Prove reasonable suspicion of wrongdoing

d) In shared office spaces; Prove random selection for search

Answer 1

An employee's reasonable expectation of privacy depends on the location. In personal vehicles and break rooms, an employee has a reasonable expectation of privacy, but an employer can search with proof of suspicion or necessity. In personal lockers, an employee also has a reasonable expectation of privacy, but an employer can search with reasonable suspicion. In shared office spaces, employees generally do not have a reasonable expectation of privacy.

Step-by-step explanation:

In terms of an employee's reasonable expectation of privacy, it depends on the location. In personal vehicles, an employee generally has a reasonable expectation of privacy. However, an employer can still search the vehicle if they have suspicion of misconduct.

In break rooms, an employee does have a reasonable expectation of privacy. However, an employer can search the break room if they can prove the necessity for security measures.

In personal lockers, an employee also has a reasonable expectation of privacy. However, an employer can search the locker if they can prove a reasonable suspicion of wrongdoing.

In shared office spaces, employees generally do not have a reasonable expectation of privacy. Therefore, an employer can randomly select for a search without needing to prove anything.