If I was terminated from a job, did my employer have the right to go through my personal things?

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If I was terminated from a job, did my employer have the right to go through my personal things?

I was not allowed to get my purse and boxed items from my desk. The department manager had a supervisor bring me my items. After I left, management cleaned out my former desk. There was a personal journal that my co-worker and I shared locked in the drawer of my desk, which did not have our names on the outside cover; only on the inside content. My employer did not return this item to me. Instead the journal was read, given to the other co-worker and the department manager made comments that proved she definitely read the material. There was no company information written anywhere inside of this journal. Was this legal and can the employer be sued for any violations?

Asked on January 12, 2013 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If it was not 100% clear that the journal was purely personal, it probably was legal: an employer has a right to any/all business related materials. Therefore, it's not unreasonable (or illegal) for an employer to go through a notebook or journal to see if might have business-related content; and similarly,  it can generally go through the belongings of a terminated employer prior to sending them to him/her to see if there is business material/content/property among them.

Also, even if what the employer did was wrongful--e.g. it was unmistakeable that this was purely private or personal--there is likely no point in suing. The law does not award compensation simply because of a rights violation; it awards compensation to remedy a loss or damage. If you did not suffer some economic loss or significant reputational damage that you can trace to the employer's actions, you could not recover enough money to justify the cost of a lawsuit.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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