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For all of the junior lawyers out here, go in tomorrow and tell them you are not allowing them to look through your stuff while on company property and if they do that you are going to file a lawsuit. Bottom line-their ball, their game, their field, their rules.

It is exactly people like you which they like and will continue to pursue such silly things...this is by no means an insult to you so please do not take it that way, it is simply a point in fact...because someone tells you they can do whatever to you, many will adhere to that belief simply because they know no better...in situations like this, corporations tend to grasp the "ignorance is bliss" attitude and press on with business...

So until a few people are terminated for this, bring a class action suit, conway and every other corporation or entity for that matter will continue with the practice...now i am not talking about the occassional individual who meets all criteria for being searched, getting caught with contraband of some sort and subsequently terminated based on solid probable cause, but for the person who comes to work, pulls into the yard with the TM and whoever else standing there waiting to search only your vehicle because they have a suspicion or a belief you are up to something no good...probable cause should apply in these situations unless complete randomness is demonstrated...

By no means am i an attorney, nor presume to be, my knowledge of the law is derived from my own studies and experiences which include the study of some case laws and such...the bottom line is simple..conway wants to search you or your stuff, unless you are prepared to look for new employment, have the money for an attorney, then your choices are really limited...but the choice is yours not conways.
 
For all of the junior lawyers out here, go in tomorrow and tell them you are not allowing them to look through your stuff while on company property and if they do that you are going to file a lawsuit. Bottom line-their ball, their game, their field, their rules.

A question for you...can i post a sign on my driveway entrance to my house, another sign on the door both saying that "by entering this property, you and all property under your control are subject to search." Or how about this one..."unlawful entry to these premises will result in you being shot"...after all it is my property and that is my rules because i own this property, so what is the problems with these two situations?

Oh and also, wouldnt a peace officer entering a conway terminal be subject to the same search as you and yours when you enter a terminal? What about the DOT man coming to check the log books, isnt he subject to the same search as you and I??

No wait, your status as an employee subjects you to lessor rights? I hardly think so...

I will wait for you to get back to me...
 
The fact that they can do it is obviously not "right". All I am saying is that realistically they have the ability to do it. You have an absolute right to refuse them, but then they have an absolute right to ask you to leave "their" property. This effectively gets you fired. I'm just saying you need to pick your battles and this isn't one I would pick.
I would also be surprised that Con-way, who obviously has a lawyer or two to advise them, is going to post a sign saying your stuff is subject to search and also looking through trucks, etc... if they haven't done a little research and believe they are within their rights to do so. Sorry if I'm coming across as argumentative, I don't mean to.
 
Quick search of "free advice" websites got me this answer about employer searches.
Rhonda D. Beers, Esq., Attorney at Law
Re: Legality of search of my person and personal effects

The 4th Amendment right against search and siezure applies only to government actions, and anyone acting on their behalf. Even if this is a government building, you have a problem: You can refuse to allow them to check your personal belongings, but they have a right to exclude you from the building. That might make working a little difficult!
 
The fact that they can do it is obviously not "right". All I am saying is that realistically they have the ability to do it. You have an absolute right to refuse them, but then they have an absolute right to ask you to leave "their" property. This effectively gets you fired. I'm just saying you need to pick your battles and this isn't one I would pick.
I would also be surprised that Con-way, who obviously has a lawyer or two to advise them, is going to post a sign saying your stuff is subject to search and also looking through trucks, etc... if they haven't done a little research and believe they are within their rights to do so. Sorry if I'm coming across as argumentative, I don't mean to.

Of course they have lawyers...they have an entire team of lawyers...lawyers at that level will tell you the ins and outs of whether something is legal...that is how they advise. Whether you do it or not is your decision. I am sure conway knows exactly where they stand with this policy. It is why you probably do not see it happening too often...Most of what conway needs to cover with theft is already covered by some interstate federal laws as well as local laws. If they feel that strongly they have found their thief, they call a cop like you or i do...

Something else to think about...ever see those pretty red and white signs which say "No idle zone"...ever notice where they also say "It's the law"?? Ever wonder does that law just apply to conway terminals? As you very well know it isnt a law outside of conway terminals...so now this could lead one to rationalize...did conway get a governmental agency to pass this law just applicable on conway property wherever conway hangs these signs?? Or are they just posting them as a deterrent to try and scare a few people into following their stupid rules concerning engine idling...a few places can come to mind here...your local truck stop, the side of the highway, a traffic jam...truck weigh stations and so on...where trucks idle on a huge scale and it isnt the law.
 
Quick search of "free advice" websites got me this answer about employer searches.
Rhonda D. Beers, Esq., Attorney at Law
Re: Legality of search of my person and personal effects

The 4th Amendment right against search and siezure applies only to government actions, and anyone acting on their behalf. Even if this is a government building, you have a problem: You can refuse to allow them to check your personal belongings, but they have a right to exclude you from the building. That might make working a little difficult!


And whos choice is it to allow conway to search??? Yours and yours alone. No one is disputing the fact they can terminate or cause your inability to work or not resulting in your termination...like stated in one of my previous posts, once it happens to someone, that someone should have a pretty good chance if their cards are played properly for positive litigation...bringing note to purple thongs and medications as examples used earlier...
 
OK, the purple thong thing is creeping me out. I'm starting to wonder if anyone really DOES have some...EWW!
I don't know state-by-state, but there are no-idle laws out there, I'm sure that's just a little scare tactic.
 
Once while having a heated discussion with a TM he told me Con-way has the best lawyers money can buy and we are not afraid to use them. I got a good laugh out of that statement and fully believe they will excercise them. Pick your battles carefully or you might find yourself on the outside begging to get in.
 
There has,in the past,with a FOS who does not work here anymore, been 2 times he was caught "just checking" through briefcases and duffle bags in the breakroom. What ,if anything he was searching for was never determined. The TM sandbagged and made the incidents disappear. "Sparky was a sneaky little guy any way. He liked to shuffle off the dock ,like he was going out for a smoke and then re-appear between trailers to "listen in". Like they say ,thank greyhound he is gone. One time he would go to shop in middle of night and pop up and look in door windows to try and catch mechanics doing something. They caught on and Don H., bless his soul, flung a 4# mallet at the door. Sparky stopped spying on the shop.
On another subject, ALWAYS LOCK your personal vehicle when on Conway property! I can not stress this enough as a vindictive supervisor , yes there are some ,or a bottom feeder could slip something not kosher in your car and then "bring it to the boss's attention" Just a word to the wise. But the moral is If you do not bring it to work,They can not find it.
 
Advice; Always lock your locker as well.

Question; Is it Okay to wear a purple thong before Easter?
 
Advice; Always lock your locker as well.

Question; Is it Okay to wear a purple thong before Easter?


Mr. Manners Book of Ed-de-cut says that drivers may wear purple thongs after Thanksgiving, but not after the first day of Spring. Then you either have to pull out the dirty yellows with brown racing stripes or the pink ones with bows. Just a heads up on how to dress.

Never wear green thongs with Pic-e-nic blue checked shirts with Con-Way signa on them. :smilie_132:
 
OK, the purple thong thing is creeping me out. I'm starting to wonder if anyone really DOES have some...EWW!
I don't know state-by-state, but there are no-idle laws out there, I'm sure that's just a little scare tactic.

The purple thong thing was just an example to bring point to what I was saying...Whether someone has them or not is not the point, things which you have a reasonable right to privacy with are for your own business and for your choice who seems them or not...management snooping because they feel they can through your personal bag you keep with you at work, while driving...those are the things which will support your litigation when it is needed...i.e..i refused their search request because i have private stuff in my bag which if exposed would cause me great humiliation...that sort of thing.
 
Where you guys getting your info on searching employees? I found this; "Information, possessions or objects stored or kept on or in the Employer’s or clients’ computers, network, equipment, voice mail, e-mail, on-line accounts, or in offices, desks, work stations, closets and other physical spaces within the firm or on firm property are subject to inspection by the firm without notice, and should not be considered private." Employees' Right To Privacy In Washington
 
Mr. Manners Book of Ed-de-cut says that drivers may wear purple thongs after Thanksgiving, but not after the first day of Spring. Then you either have to pull out the dirty yellows with brown racing stripes or the pink ones with bows. Just a heads up on how to dress.

Never wear green thongs with Pic-e-nic blue checked shirts with Con-Way signa on them. :smilie_132:

I suppose that all applies if I wear my thong back wards as well.

Thank you for clarifying that. It's nice having a lady with some fashion sense here at Truckingboards.com.
 
Where you guys getting your info on searching employees? I found this; "Information, possessions or objects stored or kept on or in the Employer’s or clients’ computers, network, equipment, voice mail, e-mail, on-line accounts, or in offices, desks, work stations, closets and other physical spaces within the firm or on firm property are subject to inspection by the firm without notice, and should not be considered private." Employees' Right To Privacy In Washington

I am sure this is applicable to an office setting...recall, you are driving a truck, you could be stuck in a snow storm, traffic jam or whatever and therefore must be prepared...if i worked in an office, i could keep my highly top secret purple thongs in my car locked away...when i am in my truck, i do not have an opportunity to go to my car and retrieve them...nor my medication, nor my anything...therefore what you carry with you is your own private business...a DOT or other law enforcement officer has, by virtue of the USC and CFR the right to search anything in a commercially operated vehicle such as our trucks...not dick so and so from maintenance because some bean head at GO told him he could...
 
I don't know.....while searching the net I saw mention of the search of your personal auto if on company property. I don't think we realize how many civil rights we surrender to the companies we work for. Freedom of speech is out the door as soon as you enter their property.
 
I don't know.....while searching the net I saw mention of the search of your personal auto if on company property. I don't think we realize how many civil rights we surrender to the companies we work for. Freedom of speech is out the door as soon as you enter their property.

Pretty wild isnt it.
 
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