Which of the following are you permitted to do if you suspect an employee has stolen something from the company.
Detain the employee until you can question and search him.
Search the employee's locker.
Ask the employee to empty his pockets.
Search the employee's vehicle.
Open an employee's locked desk to search it.
Answer:
The answer is #3. You can ask an employee to empty his pockets. We recommend that an additional management witness be present during the search. The employee should be informed about why you are searching and give consent to the search.
You should only search an employee's locker, vehicle, and locked desk when you have taken away an employee's reasonable expectation of privacy regarding these objects. This is best done by having a clearly communicated written policy in effect as discussed in the lead article in the January HR Digest. In addition, the employer should retain control over workspaces by providing locks and keys or requiring employees to provide you with lock keys or combinations. Of course, the vehicle must be on company property.
You should never touch or detain an employee against his will as it could lead to claims of battery or false imprisonment.
