Search in workplace procedure

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Search in workplace procedure

  1. 1. WHAT TO DO INSITUATIONS WHEN YOU MAY HAVE TO SEARCH & SEIZE WORKPLACE THEFT MISAPPROPRIATION OF TRADE SECRETS POSSESSION OF ILLEGAL DRUGS CONTRABAND
  2. 2. COMMON OBJECTION TO EMPLOYER SEARCHESSEARCHES VIOLATE THECONSTITUTIONAL RIGHTS OFEMPLOYEES....., HOWEVER;THE CONSTITUTION APPLIESONLY WHERE THEGOVERNMENT IS THEEMPLOYER; OR,THE ACTION TAKEN BY THE APRIVATE SECTOR EMPLOYERIS MANDATED BY THEFEDERAL GOVERNMENT.
  3. 3. A WORD OFCOMMON LAW APPLIES UNDERCLAIMS 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.”
  4. 4. EMPLOYEES DON’T FILECLAIMS MERELYBECAUSE THEIR RIGHTSHAVE BEEN VIOLATED.THEY DO SO BECAUSETHEY FEEL THEY HAVEBEEN TREATEDUNFAIRLY.
  5. 5. WHEN TO SEARCHONE, SEARCHING SHOULDBE USED SPARINGLY.TWO, SEARCH ONLY WHENTHERE IS REASON TOBELIEVE AN EMPLOYEE IS INPOSSESSION OF ILLEGALDRUGS, CONTRABAND ORTHE LIKE.
  6. 6. HOW TO SEARCHTHE ACTUAL SEARCH SHOULDNEVER TAKE PLACE IN PUBLICVIEW ! PUBLIC SEARCHES EXPOSE EMPLOYERS TO DEFAMATION CLAIMS.
  7. 7. HOW TO SEARCH [ CON’T] NO INDIVIDUAL SHOULD BE SEARCHEDIN THE ABSENCE OF A WITNESS. AVOIDS CLAIM THAT SEARCH WAS DONE IN A PHYSICALLY ABUSING MANNER. WITNESS SHOULD BE OF THE SAME SEXAS THE PERSON BEING SEARCHED. AVOIDS GENDER ISSUES BEING RAISED.
  8. 8. LACK OF COOPERATIONIN NO CASE SHOULD THE OBJECT OF THESEARCH BE PHYSICALLY TOUCHED !THE EMPLOYEE’S BODY INTEGRITY MUSTBE 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.
  9. 9. IF EMPLOYEE FLEES DO NOT ATTEMPT TO CAPTURE OR RESTRAIN THE EMPLOYEE ! DETAINING THE EMPLOYEE CAN RESULT IN CLAIMS OF FALSE IMPRISONMENT.
  10. 10. IF THE EMPLOYEE WISHES TO LEAVETHE 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.
  11. 11. IF EMPLOYEE STATES THAT HE / SHEHAS PERSONAL PROPERTYUNRELATED TO THE JOB THATHE / 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.
  12. 12. SEIZUREWEAR LATEX GLOVES WHENHANDLING ILLEGAL DRUGS ORCONTRABAND, OTHERWISE,THERE MAY BE A PROBLEM WITHFINGERPRINTS.MAINTAIN STRICT “CHAIN OFCUSTODY”. 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.
  13. 13. FINALLYEVEN IF IT IS ESTABLISHEDUNEQUIVOCALLY THAT THEEMPLOYEE HAS POSSESSEDCONCEALED ILLEGAL DRUGS ORCONTRABAND, THE EMPLOYERMUST BE CAREFUL NOT TOPUBLICIZE THIS INFORMATION. PUBLIC DISCLOSURE OF PRIVATE INFORMATION COULD BE USED BY THE EMPLOYEE TO CLAIM INVASION OF PRIVACY.
  14. 14. 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.
  15. 15. ARRESTS IN THE WORKPLACE[PG.2]THE HR MANAGER WILLASK TO SEE THE ARRESTWARRANT. 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.
  16. 16. ARRESTS IN THE WORKPLACE[PG.3]CONFIRM THAT THEOFFICERS ARE IN FACTMEMBERS OF LAWENFORCEMENT.WORK WITH THEM SO THATTHEY CAN MAKE THEARREST, WHILE MINIMIZINGHUMILIATION ANDEMBARRASSMENT TO THEEMPLOYEE WHILEMAXIMIZING THE SAFETY OFALL INVOLVED.
  17. 17. ARRESTS IN THE WORKPLACE[PG.4]DO NOT ALLOW THEARREST TO TAKE PLACEIN A WORK AREA. HAVETHE EMPLOYEE REPORTTO THE SECURITY AREA,BUT TO A REAR OFFICEAND AWAY FROMVISIBILITY OF EMPLOYEES.
  18. 18. 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.
  19. 19. 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.
  20. 20. ARRESTS IN THE WORKPLACE[PG. 7]THE HR MANAGER HASRESPONSIBILITY TO MEETWITH ANY OTHEREMPLOYEES INVOLVED INTHE ARREST IN ORDER TODOCUMENT 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.

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