Summary
The user, located in Georgia, is concerned about a company policy requiring employees to consent to vehicle searches, which they believe violates state law (OCGA 16-11-135 (A)). The user is hesitant to raise this issue with the company due to fear of retaliation, especially as they are up for a promotion. They are considering contacting the Attorney General of Georgia but are also considering seeking advice from an employment attorney.Full Conversation
My company is demanding I sign a policy that may be in violation of a state law.
What state are you located in and what is the specific policy they want you to sign?
Georgia. They want me to sign a policy that employees agree to submit to a search of their vehicle, if the company deems appropriate.
What is the nature of your job and does it involve handling sensitive or confidential information?
In Georgia, employers can generally set conditions of employment, including consent to searches, unless it violates specific laws.
it involves proprietary business information, but not classified information
Are you aware of any specific Georgia law that this policy might be violating?
In Georgia, employers can generally set conditions of employment, including consent to searches, unless it violates specific laws.
If I am correct, the company policy is in opposition to OCGA *-*-*
What part of OCGA *-*-* do you believe the company policy is violating?
The subsection that disallows the company from searching a private vehicle
Could you please specify the subsection of OCGA *-*-* that you're referring to?
(A)
The subsection (A) of OCGA *-*-* states:
- No employer shall search an employee's private vehicle parked on the employer's premises.
exactly
What actions have you taken so far regarding this issue?
none
What is your company's response to your concerns about the policy potentially violating OCGA *-*-* (A)?
i have not brought this to their attention for fear of retaliation
What kind of retaliation are you afraid of? It's important to know that retaliation for asserting your rights is generally illegal.
i am up from a major promotion and have been verbally promised this promotion
What is the company's policy on retaliation for employees who raise legal concerns?
i will have to look, but retaliation would be difficult to prove in court, correct?
Proving retaliation can be challenging, but not impossible. Have you documented any incidents or conversations that could support your claim?
should i contact the Attorney General of Georgia’s office?
Before contacting the Attorney General, have you considered discussing this issue with a local employment attorney? They can provide specific advice tailored to your situation.
yes, but I don’t want to pay a lot of money only to discover there is some loophole that the company can take
Have you considered seeking a free consultation with an employment attorney? They can provide a preliminary assessment of your case.