Is this legal?

[missladyrn]

The hospital I work for assigns us lockers, and they have built in combos. I was recently made aware by a coworker that my locker was searched over a month ago because another coworker claimed to have seen me taking pills. I keep Claritin and Tylenol in my locker. When I need them, I take them. I was caught off guard by he fact hat this all took place and I was never asked or told about it. When I questioned my nm she said the found Claritin and Tylenol and figured I must have had a headache. I feel violated. I also want o confront this coworker. I don't take drugs, but I am fairly certain she does. In fact I will not waste with her because she can never produce what is to be wasted. What gives?

[MJB2010]

I'd be pretty ticked too. First off, be thankful you have one coworker who has your back and told you. Second, it sounds like the tattletail may be trying to get attention away from herself. I would say something to her, but no good can come of it. Watch your back with that one.

[caliotter3]

Well, well, well, so now you know. I would get a kevlar vest with extra padding for your back.

[jkr2020788]

First off, I would check your hospital's policy. Alot of places say that they have the right to search anything on the campus. Now whether it was legal to not tell you that they searched your locker, I don't know. I would definitely talk with your nurse manager and tell her of your suspicsions of the other nurse. I refuse to waste with someone who doesn't draw the meds up in front of me. They can think I'm being a jerk or whatever all they want, be in the end, if they get caught, it will be on you too because you "said" you saw them waste the drug. And as caliotter3 said, get that kevlar vest and put a trauma plate in it, because I dont think Kevlar stops sharp objects....

[rita359]

OK. So now you know they will search your locker without you knowing or suspecting. You came out clean. Now you can decide whether you want to keep stewing about it or just see it as an eye opening experience. Personally they can search my locker anytime they want. Work related papers, extra pens for when I loose one, other unrelated junk. Just let my junk there!

[morte, LPN, LVN]

i suspect that this was in reaction to your refusing to waste with her. also, now you have to worry about things being planted in your locker. my thoughts would be to stop using locker and make it a point to give it up. what ever you can't carry stays in your car.

[blondy2061h, MSN, RN]

I suspect legality wise that the locker is hospital property and therefore they have the right to search it.

[morte, LPN, LVN]

I am sure that it is, but i wonder if the user isn't owed a notification?

I suspect legality wise that the locker is hospital property and therefore they have the right to search it.

[Whispera, MSN, RN]

I have a few questions and comments. How did the person who told you about the search know about it? It bothers me that a search was done with others present, if this is the case. While an employer might have the right to search lockers, it seems a violation of privacy to do it in front of other people. They would wonder what's going on and it would reflect on those who use the lockers.

How do you know the search was because someone accused you of having pills? Did the person who told you about the search also tell you that? Because those searching were talking about it? Again, nasty violation of the privacy... AND of someone not found to be guilty.

How do you know who reported you? I think it's your right to know, probably, maybe...and that knowledge surely would lead me to avoid that person. It's also your responsibility to report a suspicion of drug diversion. You suspect this person of doing that. If she is, that means a patient isn't getting the meds that are needed. It also means the diverter needs help and isn't thinking with a clear brain.

If you trust your manager and she is one you can talk to, go talk to her about your feelings of violation. If all if this continues to bother you and you don't get it out, it could color your attitude about working where you work. I doubt confronting the person who reported you would do any good. It would just keep your mind on it and add to her fuel. She can't escalate if you don't give her fuel. But, if you decide to confront the reporter, don't do it alone. Ask your manager to be with you. That way you have a witness. Then, calmly ask her reason for reporting you, and calmly react to whatever she says.

[Esme12, ASN, BSN, RN]

we can't give legal advice as per the terms of service. i agree with whispera that you need to tell your manager that you feel badly that they didn't tell you or search your locker in your presence....let alone searching the locker in front of other staff. usually if you are not there there should be an hr representative present. for an invasion of privacy there has to be the "assumption" of privacy.....it your employers locker.

while your work has the right to search your locker.......there are laws that protect your privacy, like searching the locker in front of others, at work. facility policies and state by state variances. so, i would check with a lawyer.

employers can usually search an employee's workspace, including their desk, office or lockers. the workspace technically belongs to the employer, and courts have found that employees do not have an expectation of privacy in these areas. some states may have laws concerning searches at work, and unions may have included terms about searches during collective bargaining. employees should always check on the laws in their state and the terms of any employment contract they may have

employees: privacy in the workplace - lawyers.com

i would also talk with hr and check your facilities policies as well as speaking to your boss, calmly and rationally, how you feel bvetrayed and hurt by these accusations and that you have not be asked about this and had to be told by another co-worker.

[Been there,done that, ASN, RN]

Why didn't your manager just ask you to submit to a drug screen?

Searching your locker is a strange way of going about checking for illicit drug use!

Besides watching your back around the suspected coworker, watch your back around your manager.

No WAY would I confront her. There is something else going on, and I bet the coworker is a busy little bee, planting ideas in her head.

Did you ever report your suspicions to NM? Refusing to witness with her is NOT ENOUGH. If you suspect drug use, and don't report it, in my facility you are just as responsible as the drug user.

[GitanoRN, BSN, MSN, RN]

first of all, i'm sorry that you had to go through this let along the humiliation in front of your peers. needless to say, i agree with all previous post, however, i'm not convinced that this is the end of the issue for some reason that i can't pin point my finger on it, i have a strong notion that there's something else brewing here. having said that, since we can't offer you legal advise on account of terms of service (tos) i would strongly suggest that you get advise from an attorney specialize in this medical staff issue. undoubtedly, i would watch my p's & q's from here on out. needless to say, this leaves me with a sour taste because i can't help to ponder of what else is behind all this? wishing you the best in all of your future endeavors...aloha~