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Walmart V. Trotti Case Study

698 Words3 Pages

1. Can you (or Mr. Yourprop’s supervisor) search Mr. Yourprop’s assigned locker in the Company’s on-site gym for digital evidence? Support your answer.
a. Whether or not, I or Mr. Yourprop’s supervisor can search his assigned locker in the Company’s on-site gym for digital evidence is dependent on whether or not Mr. Yourprop has a reasonable expectation of privacy. Federal and state laws govern employee's privacy rights in the workplace. “Generally, employers may conduct workplace searches and interrogations of its employees if there is: 1) a reasonable basis for suspicion of employee wrongdoing, or 2) no reasonable expectation of privacy in the item or thing existed.
I believe that a search Mr. Yourprop’s gym locker may not be legal. Mr. Yourprop may not have a reasonable expectation of privacy in his work areas desk etc.; however, he will be able to strongly argue an expectation of privacy in his assigned locked locker. An interesting case in this area was K-Mart Corp. v. Trotti. K-Mart was sued after searching a locker assigned to an employee. “The employee used her own lock on the locker, and K-Mart did not require her to …show more content…

Can you (or Mr. Yourprop’s supervisor) use a master key to search Mr. Yourprop’s locked desk after he has left the premises for digital evidence? Support your answer.
a. Whether or not Mr. Yourprop’s locked desk can be searched is once again dependent on if Mr. Yourprop had a reasonable expectation of privacy. In the case of Mr. Yourprop’s locked desk, a search would be reasonable as Makestuff Company could argue that he had no reasonable expectation of privacy. First the search will be on company property, property that the company maintains a master key for. Second Mr. Yourprop has already left the premises presumably after being informed that he was fired, the company can at the very least argue that the desk was turned back over and anything left in the desk was forfeited by Mr. Yourprop once he left the companies

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