I'm removing the particulars on this post... I wasn't the one violated by this and I don't want to further the problem by someone accidentally finding this.

Morally, I know this is terrible! But, legally???

Thanks to everyone who responded!

As of when I left on Friday... NOTHING had happened to the HR person in question!

By Enchens on Friday, February 29, 2008 - 02:34 pm:

You have got to be kidding me! I don't know the answer. I hope someone else on here does.

I would personally think that a purse is private property and one has the right to keep it and it's contents private.

As for your co-worker's condition, from my experience, it's considered a medical condition and HR has no business knowing the nature of the condition. I remember getting a dr's note excusing me for 2 extra weeks after my 6 weeks post pregnancy were up, and I know for a fact that HR is not allowed to ask why the time is needed due to patient privacy or something to that effect. A dr's note was enough. So, HR is not entitled to that info unless one is giving it to them (or it's extremely obvious).

I really hope someone here has an answer for you. Again, I'm just going off my opinion and my own personal experience. I could very well be wrong.

That HR person! What a nosy punk!

By Enchens on Friday, February 29, 2008 - 02:36 pm:

You know what, I was just thinking. Why didn't the HR person go to your co-worker directly? And why is she telling the other women to keep the conversation and questioning private? She must know she is doing something wrong.

By Colette on Friday, February 29, 2008 - 02:42 pm:

I don't know if it's legal but WOW!

By Angellew on Friday, February 29, 2008 - 02:48 pm:

You know, Nancy, I said the same thing to her (after the fact). She came around again (after the buzz about me going to the President with this), to "apologize". Her form of apology was "I wasn't the one who went through the purse, someone came to me and asked me if she was pregnant!" And your solution was to go around questioning people???

By Ginny~moderator on Friday, February 29, 2008 - 02:48 pm:

A, it is absolutely illegal to open and go into someone's purse without permission or a search warrant. That the purse is in a common closet/cabinet is irrelevant; the purse and its contents are the private property of the owner and no one else has any right to go into it except in very rare circumstances (attempting to establish the ownership of the purse if it is found in a public place, attempting to establish the identity of an unconscious victim, etc.). B, it is federally illegal for an employer or the employer's HR person to ask questions about someone's health conditions, including pregnancy, unless the condition is severe enough to interfere with the employee being able to do her job; C, it is federally forbidden to discrimate in employment because an employee is pregnant.

If it were me, I'd make a formal complaint to the owner/manager of the company. The HR person is way, way, way out of line and puts the firm at risk for litigation under more than one federal statute and, depending on the state, state laws.

By Enchens on Friday, February 29, 2008 - 02:55 pm:

Yeah, what Ginny said!

By Karen~admin on Friday, February 29, 2008 - 03:35 pm:

Ditto that!

By Kate on Friday, February 29, 2008 - 03:46 pm:

Wow...what nerve! Now after all that...do you know if she's pregnant or not?? Sounds to me like she wasn't and that's why she was so upset? (gosh, I hope I don't sound like the HR person!! I'm just curious at this point!!)

By Mrsheidi on Friday, February 29, 2008 - 05:08 pm:

Wow. Wow. Wow. HR people usually are very professional, in my opinion.

What she did was totally illegal and the person who took the pregnancy test has every right to pursue legal action.

If that were me, I'd have some "words" with that HR person with a witness nearby. But, I don't tolerate gossip-type people very well. I had a coworker say something about me in my last job and, needless to say, it only happened ONCE.

By Dawnk777 on Friday, February 29, 2008 - 06:40 pm:

Good grief. That sounds totally out of line, to me!

By Tunnia on Friday, February 29, 2008 - 08:57 pm:

That's awful and completely unprofessional!

By Ginny~moderator on Saturday, March 1, 2008 - 07:34 am:

Been thinking about this, and one thing I would do, if it were me, is I'd stop leaving my purse in the communal cabinet. On the basis that someone went into your co-worker's purse, I would ask the boss if it is possible to have individual lockers with keys installed. Otherwise, can you keep your purse in a drawer or cabinet at your cubical. Clearly someone invaded your co-worker's purse. Frankly, given that all the purses are in one cabinet and clearly there are times when someone can be alone with them, I'm surprised that someone hasn't already had something stolen.

By Jelygu on Saturday, March 1, 2008 - 01:18 pm:

Man... that is horrible. I have a degree in HR and I am shocked that this person has a job! I totally agree with Ginny on all counts!!

By Angellew on Monday, March 3, 2008 - 09:14 am:

For those of you who read the initial post and know the circumstances... NOTHING HAPPENED!!!!

They, management, are making like nothing ever happened! I am completely shocked!

By Debbie on Monday, March 3, 2008 - 09:40 am:

Oh WOW, that is just completely unprofessional.

By Karen~admin on Monday, March 3, 2008 - 11:29 am:

TOTALLY unprofessional - and unfortunately, the fact that nothing was done about it is probably not that uncommon.

By Ginny~moderator on Monday, March 3, 2008 - 12:40 pm:

I don't know your situation at work, with job security or with what kind of work area you have. But if it were me, I'd be demanding a locked drawer in my work area so that I could secure my purse and personal belongings - since obviously there is no privacy or security in the restroom area.

By Angellew on Monday, March 3, 2008 - 03:23 pm:

I'm more concerned with the total disregard for what the HR person did! With management doing nothing, that shows her it was OK!

By Yjja123 on Monday, March 3, 2008 - 03:41 pm:

Has it been reported higher up? Corporate?

By Angellew on Monday, March 3, 2008 - 04:20 pm:

We have no corporate! And I'm the one who reported it directly to the President!!!!

By Dana on Monday, March 3, 2008 - 05:39 pm:

Wow, I just read the thread but could figure out the details from other posts. Seems odd that nothing was done. Laws were broken. Hmmm.

By Mrsheidi on Monday, March 3, 2008 - 05:44 pm:

She should seriously talk to a lawyer...ugh. I'd also watch your back. If management doesn't think much of it, what kind of company are you *really* working for???

By Dawnk777 on Monday, March 3, 2008 - 08:50 pm:

That's what DH said, when I told him about it!

By Ginny~moderator on Monday, March 3, 2008 - 09:23 pm:

No, she shouldn't talk to a lawyer. There is no real legal "cause of action" here, because there are no real "damages". Now, if she were fired because she is pregnant or because they think she is pregnant, then she has a cause of action. At this point, she has suffered some "embarrassment and humiliation" (a legal phrase), and has the knowledge that someone went into her purse (her private property). But that doesn't add up to the kind of thing any lawyer would look at except on a hourly fee basis (at anywhere from $150 to $250 an hour).

Yes, a law was broken. Someone rifled through her purse. Her privacy - both legal and moral - was invaded. But that's about it, and at this point no one really knows (or can prove) who did it. The HR person's behavior was inexcusable. If she was not the person who rifled the purse but was, as she said, acting on what someone else told her, her behavior was totally wrong. What she should have done, of course, is told the alleged person to MYOB and stay out of people's purses. If the HR person is the purse rifler, then she is wrong in two ways; one for going into the purse, and two for asking personal questions of other employees about an employee's personal life and personal business. But again, I don't think it is anything a lawyer would take seriously, and I doubt your state's Employment Commission (the people who look into workplace actions that reflect some kind of discrimination) would think worth investigating.

If the boss won't do anything about it, anyone who is affronted by this kind of behavior and lack of concern on the part of management has two choices - either find another job, or stay on the job but take serious steps to protect your privacy. If the boss won't provide locked drawers or cabinets, I'd start locking my purse in the trunk of my car, putting what I might need during the day either in my pocket or in a cosmetic bag type of container.

And, I'd really watch my back around the HR person, Angela, because she knows you were the one who told your co-worker about what was happening, and you were the one who complained to the boss. She is *not* going to be your friend.