1. WHAT TO DO IN
SITUATIONS WHEN YOU
MAY
HAVE TO SEARCH &
SEIZE
WORKPLACE THEFT
MISAPPROPRIATION OF
TRADE SECRETS
POSSESSION OF
ILLEGAL DRUGS
CONTRABAND

2. 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.

3. 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.”

4. EMPLOYEES DON’T FILE
CLAIMS MERELY
BECAUSE THEIR RIGHTS
HAVE BEEN VIOLATED.
THEY DO SO BECAUSE
THEY FEEL THEY HAVE
BEEN TREATED
UNFAIRLY.

5. 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.

6. HOW TO SEARCH
THE ACTUAL SEARCH SHOULD
NEVER TAKE PLACE IN PUBLIC
VIEW !
PUBLIC SEARCHES EXPOSE
EMPLOYERS TO DEFAMATION
CLAIMS.

7. HOW TO SEARCH [ CON’T]
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.

8. 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.

9. IF EMPLOYEE FLEES
DO NOT ATTEMPT TO
CAPTURE OR RESTRAIN
THE EMPLOYEE !
DETAINING THE EMPLOYEE
CAN RESULT IN CLAIMS OF
FALSE IMPRISONMENT.

10. 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.

11. 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.

12. 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.

13. 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.

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. 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.

16. 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.

17. 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.

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. 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. 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.