WHAT TO DO IN SITUATIONS WHEN YOU

MAY HAVE TO SEARCH &

SEIZE WORKPLACE THEFT

MISAPPROPRIATION OF TRADE SECRETS

POSSESSION OF ILLEGAL DRUGS

CONTRABAND

COMMON OBJECTION

TO EMPLOYER SEARCHES

SEARCHES VIOLATE THE

CONSTITUTIONAL RIGHTS OF

EMPLOYEES.....,

HOWEVER;

THE CONSTITUTION APPLIES ONLY WHERE THE GOVERNMENT IS THE EMPLOYER;

OR,

THE ACTION TAKEN BY THE A PRIVATE SECTOR EMPLOYER IS MANDATED BY THE FEDERAL GOVERNMENT.

A WORD OF

COMMON LAW APPLIES UNDER

CLAIMS OF:

“INTRUSION UPON SECLUSION”.

“ ONE WHO INTENTIONALLY INTRUDES, PHYSICALLY OR OTHERWISE, UPON THE SOLITAIRE OF ANOTHER; OR HIS [HER] PRIVATE AFFAIRS OR CONCERNS, IS SUBJECT TO LIABILITY TO THE OTHER FOR INVASION OF PRIVACY, IF THE INTRUSION WOULD BE HIGHLY OFFENSIVE TO A REASONABLE PERSON.”

EMPLOYEES DON’T FILE CLAIMS MERELY BECAUSE THEIR RIGHTS HAVE BEEN VIOLATED.

THEY DO SO BECAUSE THEY FEEL THEY HAVE BEEN TREATED UNFAIRLY.

WHEN TO SEARCH

ONE, SEARCHING SHOULD BE USED SPARINGLY.

TWO, SEARCH ONLY WHEN THERE IS REASON TO BELIEVE AN EMPLOYEE IS IN POSSESSION OF ILLEGAL DRUGS, CONTRABAND OR THE LIKE.

HOW TO SEARCH

THE ACTUAL SEARCH SHOULD NEVER TAKE PLACE IN PUBLIC VIEW !

PUBLIC SEARCHES EXPOSE EMPLOYERS TO DEFAMATION CLAIMS.

NO INDIVIDUAL SHOULD BE SEARCHED IN THE ABSENCE OF A WITNESS.

AVOIDS CLAIM THAT SEARCH WAS DONE IN A PHYSICALLY ABUSING MANNER.

WITNESS SHOULD BE OF THE SAME SEX AS THE PERSON BEING SEARCHED.

AVOIDS GENDER ISSUES BEING RAISED.

HOW TO SEARCH [ CON’T]

LACK OF COOPERATION IN NO CASE SHOULD THE OBJECT OF THE

SEARCH BE PHYSICALLY TOUCHED ! THE EMPLOYEE’S BODY INTEGRITY MUST

BE RESPECTED ! IF EMPLOYEE REFUSES TO EMPTY

CONTENTS OF POCKETS HE / SHE SHOULD BE INFORMED THAT IT IS REGARDED AS A REFUSAL TO OBEY ORDERS OF AUTHORIZED MGMT. PERSONNEL, AND THAT HE / SHE CAN BE SUSPENDED FOR FAILURE TO COOPERATE.

IF EMPLOYEE CONTINUES TO REFUSE, AFTER INFORMING THEM OF POSSIBLE DISCHARGE, CALL SECURITY MANAGER OR IF SHE CAN’T BE REACHED, THE HR MANAGER OR LASTLY, THE VP HR FOR FURTHER GUIDANCE.

IF UNABLE TO REACH ANY OF THE ABOVE IN A REASONABLE PERIOD OF TIME [15-20 MIN.] SUSPEND THE EMPLOYEE AND CONFISCATE ID BADGE. INFORM EMPLOYEE THAT HR REP. WILL CONTACT HIM/HER WITHIN 24 HOURS TO DISCUSS DISPOSITION.

IF EMPLOYEE FLEES

DO NOT ATTEMPT TO CAPTURE OR RESTRAIN THE EMPLOYEE !

DETAINING THE EMPLOYEE CAN RESULT IN CLAIMS OF FALSE IMPRISONMENT.

IF THE EMPLOYEE WISHES TO LEAVE THE EMPLOYER’S PREMISES

RESPECT THE EMPLOYEE’S DESIRE.

HOWEVER, THE EMPLOYEE SHOULD BE INFORMED THAT WHILE HE OR SHE HAS THE RIGHT TO DO SO, THAT RIGHT CARRIES A COST. THE EMPLOYEE’S FAILURE TO COOPERATE WILL RESULT IN HIS / HER IMMEDIATE SUSPENSION.

IF, AFTER INFORMING THEM OF POSSIBLE SUSPENSION, THE EMPLOYEE INSISTS ON LEAVING, CALL THE SECURITY MANAGER OR IF SHE CAN’T BE REACHED, THE HR MANAGER OR LASTLY, THE VP HR FOR FURTHER GUIDANCE.

IF UNABLE TO REACH ANY OF THE ABOVE IN A REASONABLE PERIOD OF TIME [15-20 MIN.] SUSPEND THE EMPLOYEE AND CONFISCATE ID BADGE. INFORM EMPLOYEE THAT HR REP. WILL CONTACT HIM/HER WITHIN 24 HOURS.

IF EMPLOYEE STATES THAT HE / SHE HAS PERSONAL PROPERTY UNRELATED TO THE JOB THAT HE / SHE DOESN’T WANT SEEN

OFFER TO HAVE AN INDEPENDENT THIRD PARTY PRESENT, SUCH AS AN SUPERVISOR FROM ANOTHER DEPARTMENT.

ANY PERSONAL ITEMS SHOULD BE GIVEN BY THE EMPLOYEE TO THE INDEPENDENT THIRD PARTY.

THE INDEPENDENT THIRD PARTY WILL NOT DISCLOSE THE IDENTITY OF WHATEVER THE EMPLOYEE GIVES UP, UNLESS IT IS WHAT THE EMPLOYER IS SEARCHING FOR.

SEIZURE WEAR LATEX GLOVES WHEN

HANDLING ILLEGAL DRUGS OR CONTRABAND, OTHERWISE, THERE MAY BE A PROBLEM WITH FINGERPRINTS.

MAINTAIN STRICT “CHAIN OF CUSTODY”.

EVERY TIME THE SEIZED GOODS ARE MOVED, A RECORD MUST BE KEPT DETAILING WHO MOVED THE GOODS, AND WHERE AND WHEN THEY WERE MOVED.

AT ALL TIMES, THE GOODS SHOULD BE MAINTAINED IN A LOCKED AREA.

FINALLY EVEN IF IT IS ESTABLISHED

UNEQUIVOCALLY THAT THE EMPLOYEE HAS POSSESSED CONCEALED ILLEGAL DRUGS OR CONTRABAND, THE EMPLOYER MUST BE CAREFUL NOT TO PUBLICIZE THIS INFORMATION.

PUBLIC DISCLOSURE OF PRIVATE INFORMATION COULD BE USED BY THE EMPLOYEE TO CLAIM INVASION OF PRIVACY.

ARRESTS IN THE WORKPLACE

IF LAW ENFORCEMENT OFFICER[S] SHOWS UP AT THE COMPANY SECURITY GATE, THE HR SITE MANAGER [OR DESIGNEE] MUST BE CALLED.

IT IS ESSENTIAL THAT THE PROCESS IS QUICK, QUIET, AND CONTROLLED. WE HAVE AN OBLIGATION TO ACCOMPLISH THE GOALS OF LAW ENFORCEMENT WHILE AFFORDING THE EMPLOYEE PRIVACY AND SAFEGUARDING OTHER EMPLOYEES. THE COMPANY MUST ALSO BE PROTECTED FROM LIABILITY.

ARRESTS IN THE WORKPLACE[PG.2]

THE HR MANAGER WILL ASK TO SEE THE ARREST WARRANT. THE HR MANAGER WILL

READ OVER IT CAREFULLY TO MAKE SURE:

THE OFFICERS ARE IN THE RIGHT PLACE.

THE NAME OF THE PERSON SOUGHT, OR A DESCRIPTION WILL ENABLE REASONABLY CERTAIN IDENTIFICATION OF THE INDIVIDUAL.

A DESCRIPTION OF THE ALLEGED CRIME IS IN THE WARRANT.

ARRESTS IN THE WORKPLACE[PG.3]

CONFIRM THAT THE OFFICERS ARE IN FACT MEMBERS OF LAW ENFORCEMENT.

WORK WITH THEM SO THAT THEY CAN MAKE THE ARREST, WHILE MINIMIZING HUMILIATION AND EMBARRASSMENT TO THE EMPLOYEE WHILE MAXIMIZING THE SAFETY OF ALL INVOLVED.

ARRESTS IN THE WORKPLACE[PG.4]

DO NOT ALLOW THE ARREST TO TAKE PLACE IN A WORK AREA. HAVE THE EMPLOYEE REPORT TO THE SECURITY AREA, BUT TO A REAR OFFICE AND AWAY FROM VISIBILITY OF EMPLOYEES.

ARRESTS IN THE WORKPLACE[PG.5]

DO NOT HAVE SECURITY PERSONNEL ACCOMPANY, DETAIN, OR CONFINE THE EMPLOYEE.

ONCE THE INDIVIDUAL IS IN A PRIVATE AREA, YOU SHOULD NOT COUNSEL, ADVISE, OR QUESTION THE EMPLOYEE. INSTEAD, LET THE LAW ENFORCEMENT OFFICIALS PERFORM THEIR DUTIES.

ARRESTS IN THE WORKPLACE[PG.6]

AT ALL TIMES: MINIMIZE DISCLOSURE OF THE

ARREST.

DO NOT PUBLICIZE EVENTS BEYOND THOSE INDIVIDUALS WHO HAVE AN ABSOLUTE NEED TO KNOW.

DO NOT DISCLOSE THAT THE EMPLOYEE WAS ARRESTED OR WHY, EXCEPT WHEN NECESSARY TO THE OPERATION OF THE BUSINESS OR AS A PART OF A LEGAL PROCEEDING.

ARRESTS IN THE WORKPLACE[PG. 7]

THE HR MANAGER HAS RESPONSIBILITY TO MEET WITH ANY OTHER EMPLOYEES INVOLVED IN THE ARREST IN ORDER TO DOCUMENT THE EVENTS. ALL INFORMATION MUST BE

ORGANIZED IN A CONFIDENTIAL FILE AND INCLUDE;

THE NAME OF THE ARRESTING OFFICER THE NATURE OF THE CHARGES THE STEPS TAKEN TO HELP THE

OFFICERS AND TO PROVIDE SAFEGUARDS FOR ALL EMPLOYEES, INCLUDING THE PERSON WHO WAS ARRESTED.