Strip Searching employees

[TygerTyger]

A friend of mine, a bench jeweler, was recently given a choice between a strip search by her employer, or having the business owner call the police.

She dropped a Diamond, and staff were unable to find it in the lab. It later turned up after a more thorough search by a supervisor.

The employer implied that, if the police were called, a body cavity search was on the table, and possibly criminal charges.

The Diamond was nothing special, and she has worked for the company for about four years - often dealing with far more valuable pieces.

Is it common in the industry to strip search employees? Do officers really do on the spot body cavity searches on an employer’s insistence.

Who can speak to this issue?

 

[tyty333]

Is this in the United States?

No, the police will not do things just because an employer wants it done.

Edit...If this is in fact true, I hope your friend finds a new job immediately!

 

[TygerTyger]

Is this in the United States?

No, the police will not do things just because an employer wants it done.

Edit...If this is in fact true, I hope your friend finds a new job immediately!

It seems crazy, I know, but sadly, we often don’t have the rights that we think that we do.

Most States allow the police to search anyone that they arrest before taking them the individual into custody.

Remember that my friend was not physically *forced* - she complied to avoid the police being called.

Sadly the police *are* allowed to search employees (in CA)if they and the employer have “reasonable suspicion”

What I’m asking, from those in the trade, is what normally constitutes “reasonable suspicion”, and what is the industry standard?
The employees are already filmed their entire shift….

 

[mustangchi]

I would think they would have to get a warrant for any sort of strip search and I am pretty sure that an actual body cavity search can only be performed by an NP, PA, MD, etc.

Sounds like some of this was threats to try and get someone to comply.

 

[TygerTyger]

Oh, it was definitely a power move.
Watching from the sidelines, I’d like to think that I’ve pushed the issue - told the employer to go ahead and call the police.

But some employers want to know if you have ever been arrested - guilty or not.
Lots of shops are family owned, and very paranoid about theft. Perhaps someone who has been arrested can’t even get through the front door?

 

[Rockdiamond]

Wow.
Just wow.
I’ve made that joke countless times….to clients.
Before they’re walking out…..”don’t forget the strip search”…… and everyone laughs.
But this …… totally beyond the pale.
I remember my interview at Winston. Back in the day, employers were allowed to give polygraph tests.
I walked in to the office. A guy directed me to a chair. Sit and wait. Then he walked into an adjacent room and started talking to someone. “ That guy was lying for sure! He stole something “ or words to that effect. Then I was invited into the room. Scared $hitless as a naive 18 year old.
Then a few years later, at Fabrikant- everyone was compelled to take a polygraph- there had been a large parcel lost.
But never- ever- have I heard of a strip search. Much less a cavity search. Wow.

An aside- I strongly discourage making any accusations in these cases.
A friend called me a few weeks back.
“Remember that pear shape pendant you made for me a few years back. It’s missing. I got a massage and I’m sure the masseuse must have taken it”
I pleaded with her. Do NOT even ask the masseuse.
But of course, she didn’t take my advice. Imagine how bad she felt when she found it in her couch. And at that point, the person who was accused…. They’ll never ever look at you the same way.
I can’t believe how ill advised the employer was in this case.

 

[pearlsngems]

It seems crazy, I know, but sadly, we often don’t have the rights that we think that we do.

Most States allow the police to search anyone that they arrest before taking them the individual into custody.

Remember that my friend was not physically *forced* - she complied to avoid the police being called.

Sadly the police *are* allowed to search employees (in CA)if they and the employer have “reasonable suspicion”

What I’m asking, from those in the trade, is what normally constitutes “reasonable suspicion”, and what is the industry standard?
The employees are already filmed their entire shift….

It seems to me that there would not be reasonable cause given that the employees are "filmed their entire shift".
Also I have to think there is a legal difference between a search and a strip search. Surely?

 

[Lookinagain]

It seems crazy, I know, but sadly, we often don’t have the rights that we think that we do.

Most States allow the police to search anyone that they arrest before taking them the individual into custody.

Remember that my friend was not physically *forced* - she complied to avoid the police being called.

Sadly the police *are* allowed to search employees (in CA)if they and the employer have “reasonable suspicion”

What I’m asking, from those in the trade, is what normally constitutes “reasonable suspicion”, and what is the industry standard?
The employees are already filmed their entire shift….

I would think that the police would need some kind of reason to arrest her, first. Then, to strip search her, it would seem that that she would have to fit into this statute, and I doubt she would.

Section 4030 - Statewide policy strictly limiting strip and body cavity searches, Cal. Pen. Code § 4030 | Casetext Search + Citator

Read Section 4030 - Statewide policy strictly limiting strip and body cavity searches, Cal. Pen. Code § 4030, see flags on bad law, and search Casetext’s comprehensive legal database

casetext.com

And I agree, she should quit her job. What her employer did may also be actionable.

 

[Austina]

My DH used to work for a company that had diamond, gold and platinum mines. They weren‘t searched when they visited the mines, but they were hoovered after coming out of the gold and platinum mines

Off topic, but I used to work in a clothes store as a Saturday job, and the store detective always insisted on searching my bag before I left for the day. I must’ve had a guilty face, because she never found anything (of course).

 

[TygerTyger]

Imagine how bad she felt when she found it in her couch. And at that point, the person who was accused…. They’ll never ever look at you the same way.
I can’t believe how ill advised the employer was in this case.

 

[TygerTyger]

Thank you for the reply.
I find it shocking.
I’m glad to hear that others find it equally shocking, and that it is apparently not industry standard.
It’s just when people threaten others “by cop.” How can any relationship recover from such a thing?

 

[Rockdiamond]

I guess it’s just human nature to be suspicious. I remember a time I couldn’t find a certain stone. And just the day before a good client had been in and looked at the stone. I had been searching for about an hour. The thought crossed my mind. Maybe she’d accidentally put it in her pocket????
Thank goodness I kept my thoughts to myself. A short while later, when I realized that we’d given the stone to the bench to make a ring, I was sooooo glad I hadn’t made a fool of myself and lost a friend. You can’t come back from that sort of accusation.
I can’t imagine that your friend will ever be comfortable working there again

 

[Lookinagain]

My DH used to work for a company that had diamond, gold and platinum mines. They weren‘t searched when they visited the mines, but they were hoovered after coming out of the gold and platinum mines

Off topic, but I used to work in a clothes store as a Saturday job, and the store detective always insisted on searching my bag before I left for the day. I must’ve had a guilty face, because she never found anything (of course).

Although not showing a lot of trust in your employees, searching my purse or hovering over me is a lot less egregious than searching my body. I just wonder if the employer physically touching an employee to search them is even legal. I kind of doubt it. If I were her, I'd contact an employment attorney because it may be actionable. And if it isn't, it should be.

 

[Rfisher]

I’m not saying that this is the case, OP

But after many years of talking with employees, it’s amazing how many of them sign off acknowledging company policies and procedures that they haven’t read.

I’m not commenting on the legality nor the logistics of an employer to put a body search clause in their terms of employment.
It wouldn’t surprise me that some employers would.

 

[Karl_K]

She needs to contact an employment attorney licensed to practice in her state and start looking for a new job.
In many states and I suspect all this would be a slam dunk in the lawsuit lottery.
There may be criminal charges also.
In my state it would most likely be a felony charge for the manager..

 

[Lookinagain]

I’m not saying that this is the case, OP

But after many years of talking with employees, it’s amazing how many of them sign off acknowledging company policies and procedures that they haven’t read.

I’m not commenting on the legality nor the logistics of an employer to put a body search clause in their terms of employment.
It wouldn’t surprise me that some employers would.

I agree that some would, but I'm not sure it is enforceable if it violates the state laws. At a minimum, I would think the employer would have to engage a third party who was authorized by the state, and even that seems like a stretch.

 

[nala]

This sounds like a really bad movie I once watched entitled Compliance. Check it out.

 

[Dee*Jay]

This sounds like a really bad movie I once watched entitled Compliance. Check it out.

I am a real life Compliance Officer and all I can say is

(Nala, you seriously made me laugh out loud!)

 

[jordyonbass]

Well, my wife is the boss and if she wants to strip search me then I'm not saying no

Alright, back into my cave now...

 

[tyty333]

So she let the employer do a strip search???

I agree with the others, contact an attorney.

I would have said to call the police.

 

[Arcadian]

Threatening a strip search is serious business. Many years ago I had some clearances that some people only read about. I willingly gave up such clearances because it subjected me to searches at any time, day or night, on the job or at my house! I could get a knock on my door in the middle of the night and be subject to a search. And I could be questioned at any time. Was part of the job and I knew that going in but it was also very very stressful knowing that. My initial background search took about 6 months, only because I don't do anything crazy...lol Many people in the position I was in took longer.

When it was asked who would like to step back their clearance I was happy (more than happy) to voluntarily give mine up!

All this to say if this was part of the contract she had going in and she signed off on that, she will not have much leeway. She needs to read that documentation. If its not there, consult with a lawyer for sure and start looking for another job.

 

[junebug17]

This sounds illegal to me. I hope your friend is ok and not too traumatized by what happened to her. I think she should consult with an attorney and look for a new job.

 

[Wink]

Okay, @Rockdiamond and I are in complete agreement here. I know this is unusual, as we love to argue with one another, but not with this issue.

I do have a funny story about a lost diamond though. This occurred decades ago

My relatively new employee, Bei Van Tiet, a Vietnamese refugee, lost a five or ten pointer and searched everywhere for it over two or three hours, to the point I told him to forget about it and get back to work. He was very upset and afraid I would think he had stolen it. I told him I had already paid him more than the diamond was worth for the time he spent looking for it and we had jobs to finish and deliver, so please forget about the diamond and go back to work.

A short time later my secretary let out a little yelp and I rushed out of my office to see what had happened. She told me she had come out of the restroom and glanced into Bei's workroom. He was standing on his chair with his pants down around his ankles, pawing through his underwear to see if the diamond was there.

I do not remember us ever having found the diamond, although this was back in the late 70's so I may be wrong about that. Bei was one of my most valued employees ever. Some of the early Pricescopers will remember seeing some of his incredible pieces.

 

[Demon]

Okay, @Rockdiamond and I are in complete agreement here. I know this is unusual, as we love to argue with one another, but not with this issue.

I do have a funny story about a lost diamond though. This occurred decades ago

My relatively new employee, Bei Van Tiet, a Vietnamese refugee, lost a five or ten pointer and searched everywhere for it over two or three hours, to the point I told him to forget about it and get back to work. He was very upset and afraid I would think he had stolen it. I told him I had already paid him more than the diamond was worth for the time he spent looking for it and we had jobs to finish and deliver, so please forget about the diamond and go back to work.

A short time later my secretary let out a little yelp and I rushed out of my office to see what had happened. She told me she had come out of the restroom and glanced into Bei's workroom. He was standing on his chair with his pants down around his ankles, pawing through his underwear to see if the diamond was there.

I do not remember us ever having found the diamond, although this was back in the late 70's so I may be wrong about that. Bei was one of my most valued employees ever. Some of the early Pricescopers will remember seeing some of his incredible pieces.

Ok, I've heard of bedazzled va jay jays, but bedazzled b*lls might be a nice change.

 

[Demon]

A friend of mine, a bench jeweler, was recently given a choice between a strip search by her employer, or having the business owner call the police.

She dropped a Diamond, and staff were unable to find it in the lab. It later turned up after a more thorough search by a supervisor.

The employer implied that, if the police were called, a body cavity search was on the table, and possibly criminal charges.

The Diamond was nothing special, and she has worked for the company for about four years - often dealing with far more valuable pieces.

Is it common in the industry to strip search employees? Do officers really do on the spot body cavity searches on an employer’s insistence.

Who can speak to this issue?

I'm afraid any employer trying to have me arrested and have a body cavity search done would have to add assault to the list of charges.

 

[kenny]

My only "cavity searcher"......... is my dentist.

 

[Rockdiamond]

Not to start another “argument” @Wink but I disagree that we have argued. We have far more in common than differences.
We have had a ton of lively debates- but in context, these differences of opinion are about important differences in a specific aspect of diamonds.
In so many other areas we are quite alike.
We’re both old diamond guys who shoot strait as we can. I enjoy and relate to many things you write.
Back to the topic at hand- over the years,I’m sure you’ve also experienced diamonds that somehow found their way inside people’s clothing.
Most common was a stone falling into a cuff of suit pants. But there were times when the little buggers got even deeper….. sometimes requiring removal of pieces of clothing. Inside a shirt for example.
I don’t remember anyone standing on a chair like Bei though

 

[Daisys and Diamonds]

My DH used to work for a company that had diamond, gold and platinum mines. They weren‘t searched when they visited the mines, but they were hoovered after coming out of the gold and platinum mines

Off topic, but I used to work in a clothes store as a Saturday job, and the store detective always insisted on searching my bag before I left for the day. I must’ve had a guilty face, because she never found anything (of course).

oh they do that at Bunnings
to everyone from the visiting manager director to ..well everyone else
you get used to it and the meeter greeter or who ever gets in big trouble if they dont do it
not that i like the lack of trust but there are rat bags out there
once an employer has been bitten its hard for them to get the trust back and especially so in a mom and pop bussiness

and as much as i dont like big brother the camera is your friend, where as corpoerate internal security departments (loss prevention) are most certainly not

 

[Daisys and Diamonds]

Okay, @Rockdiamond and I are in complete agreement here. I know this is unusual, as we love to argue with one another, but not with this issue.

I do have a funny story about a lost diamond though. This occurred decades ago

My relatively new employee, Bei Van Tiet, a Vietnamese refugee, lost a five or ten pointer and searched everywhere for it over two or three hours, to the point I told him to forget about it and get back to work. He was very upset and afraid I would think he had stolen it. I told him I had already paid him more than the diamond was worth for the time he spent looking for it and we had jobs to finish and deliver, so please forget about the diamond and go back to work.

A short time later my secretary let out a little yelp and I rushed out of my office to see what had happened. She told me she had come out of the restroom and glanced into Bei's workroom. He was standing on his chair with his pants down around his ankles, pawing through his underwear to see if the diamond was there.

I do not remember us ever having found the diamond, although this was back in the late 70's so I may be wrong about that. Bei was one of my most valued employees ever. Some of the early Pricescopers will remember seeing some of his incredible pieces.

poor Pei
he must have been beside himself with worry

 

[Bron357]

Wow.
At Arygle Mines, to enter you sign a document where you agree to a body cavity search if deemed necessary.
Apparently they also X-ray in case you swallowed the evidence.
in normal course of employment, unless you agreed to it up front as a condition of employment, they certainly don’t have the right to search your body. The police etc would need a search warrant and that would need to preceded by “reasonable suspicion“.