If I work in a watch company, can my boss legally scan me with a metal detector before I leave work everyday?

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If I work in a watch company, can my boss legally scan me with a metal detector before I leave work everyday?

Asked on September 3, 2015 under Employment Labor Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

This action does not infringe any privacy rights that you may or may not have in the workplace. The fact is that in the majority of employment relationshgips, an employer can set terms and conditions much as it sees fit. This includes scanning employees at the end of the day to protect against theft. The fact is that this is doe routinely by many businessess. So unless this action violates the terms of an employment contract, union agreement company policy or contitutes some form f employment retaiaition or discrimination, it is prefectly legal. In such a situation you can either comply with your employer's mandate or quit.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, he can employers may set essentially any terms, conditions, or requirements on work, and one can be a metal detector scan on leaving work, to make sure there is no theft or pilferage. They have the right to do this, especially since a metal detector does not implicate body privacy issues, the way a pat down or certain X-ray scanners backscatter scanners can. Your right, of course, is to quit or resign at any time if you don't want to work under these conditions.


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