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Florida case law offers little guidance on whether an employer’s search of an employee’s desk, locker or personal belongings would give rise to an invasion of privacy claim. The law does not apply on school property, and does not apply to vehicles owned by the employer or the employer’s landlord.
23, 2009) (employee had no reasonable expectation of privacy in emails transmitted through employer’s server). 4th DCA 2007) (rejecting employee’s assertion that the presence of personal items in his briefcase justified his refusal to allow the employer to inspect the contents of his briefcase, where employer’s policy provided that “each employee agree[d] to allow management to inspect personal property” and that wallets, purses, and briefcases were subject to “inspection.”); and Thomas v. Employees who are gun owners enjoy special protections in Florida. Stat., gives employees the right to keep a lawfully possessed gun inside their own locked, private vehicle in an employer’s parking lot, and restricts employers from searching vehicles or taking action against employees who exercise their rights under this law.
Cases arising in the unemployment context are instructive.
To be safe, employers should obtain an employee’s consent before initiating such a search.
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Oral communications are treated differently because of a Florida law, section 934.03, Fla. Under this law, oral, electronic, and wire communications generally are deemed private, unless both parties consent, and cannot be recorded, absent a specific statutory exception. There is no absolute right of privacy in a party’s office or place of business.
3d DCA 2000) (An oral communication cannot be intercepted and disclosed without the consent of the parties if there is a reasonable expectation of privacy which is recognized by society). Smith, 641 So.2d 849, 852 (Fla.1994) (“[F]or an oral conversation to be protected under section 934.03 the speaker must have an actual subjective expectation of privacy, along with a societal recognition that the expectation is reasonable.”). Monitoring employees’ emails or Internet use on an employer’s computer systems generally is permissible, because usually there is no expectation of privacy in such use.
2d DCA 2004) (applicant’s refusal to submit to employer’s search of bag for camera did not constitute misconduct precluding unemployment compensation; employer admitted that it had no policy regarding the search of its employees and their personal effects).
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