I was laid off and told I would be contacted the next day to come clean out my desk, my employer never notified me and went thru my personal belongings, don’t know yet what they’ve done with them. Is that legal?

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I was laid off and told I would be contacted the next day to come clean out my desk, my employer never notified me and went thru my personal belongings, don’t know yet what they’ve done with them. Is that legal?

My position was done away with and my employer told me that they would call me
the next day to come clean out my desk. I never received a call from them, and
found out that they have gone thru my desk and personal belongings and I have no
clue what they have done with them. Isn’t that an invasion of privacy?

Asked on January 12, 2017 under Employment Labor Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

"Privacy" is not the issue--to oversimplify and overgeneralize (though it's basically true), there is no right to "privacy" at work: it's the employer's space, their office furniture, etc. and they can go through their space and their furniture as they like. 
However, that does not give them the right to withhold or dispose of your belongings. If they do not return what belongs to you, you could due them (e.g. in small claims court, acting as your own attorney or "pro se") for the value of what they have taken or thrown out.


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