Workplace Searches

A strong workplace search policy can safeguard a company against employee theft and other wrongdoing. But it can't safeguard against employee lawsuits if it isn't applied fairly and consistently. To make sure their search policies and practices don't end up as fodder for such lawsuits, employers must recognize the difference between legal searches and unreasonable invasions of privacy; how to minimize employee expectations of privacy; and factors to consider before making the decision to conduct a workplace search.

 

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FAQs

1. Is a search of an employee's office, desk, etc., an unreasonable invasion of his/her privacy? 
2. How can an employer minimize employees' expectations of privacy so they don't cry foul in court if and when a search is necessary?
3. What guidelines do the courts typically use for determining whether or not an employee consented to a search of his/her personal property on company premises?
4. What factors should an employer consider before making a decision to conduct a search?