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Workplace Searches: Dos and Don'ts
- Consider the worker's privacy expectations. Before you search, think about whether an average worker would consider a particular space private in your workplace. Do your employees routinely lock their desk drawers? If so, they might have higher privacy expectations. On the other hand, if no one has an assigned desk in your office, or if workers routinely use each other's desks, an unlocked drawer is not as private.
- Don't hold employees against their will. Some employers detain workers in connection with a search -- to keep the worker out of the area being searched, for example, or to exert a little pressure on the worker to consent to a search ("No one is leaving this room until you show me what's in your backpack!") This is a bad idea. Under a legal theory called "false imprisonment," an employee can sue an employer who leads the employee to believe that he or she is not free to leave.
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FAQs
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Employment Law and Human Resources Forms
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Providing Exceptional Representation to Businesses For Employment Law Matters. 1-888-WHGCLaw (944-2529)
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