Employee Desk Search Not an Invasion of Privacy

Ratti v. Service Mgmt. Sys., Inc., 2:06cv6034 (D.N.J. August 25, 2008) – An employee was terminated for violation of the company firearms policy after a pellet gun and ammunition were found in his locked desk.  The company had entered his desk while the employee was on medical leave after receiving a questionable expense reimbursement request.  According to the Court, the employee did not have an objectively reasonable expectation of privacy from intrusion into his locked drawer in his unlocked office, as several supervisors used and had access to the desk, and the desk contained company business and employee files that could be accessed by supervisors using their own keys.

Note: This article appeared in the September 2008 issue of the New Jersey eAuthority.