Privacy in the Workplace FAQ

Can I randomly search my employees as they leave the workplace to minimize theft?

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Questions:

Answer:

Can I randomly search my employees as they leave the workplace to minimize theft?

This is usually a bad idea. Generally, you can perform a workplace search in order to serve important, work-related interests, as long as you don't unduly intrude on your workers' privacy rights. Random searches are less likely to pass legal muster than a search of a particular employee whom you reasonably suspect of theft. And even if you have a reasonable suspicion, you must not search too invasively: Although searching an employee's bag might be reasonable under some circumstances, searching the employee's body crosses the line.

For more information, see Nolo's article Workplace Searches.

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