Privacy in the Workplace FAQ

Questions:

• Can I require all employees that I am considering for management positions to take a psychological test?
• Can I fire a worker whose personal beliefs clash with mine?
• Can I read my employees' email messages?
• Can I monitor my workers' phone calls to make sure they are properly serving my customers?
• Can I randomly search my employees as they leave the workplace to minimize theft?
• What are the rules for handling employee medical records?
• Can we fire an employee for criticizing managers on Facebook?
• Can employees post reviews of company products on websites like Amazon and Yelp?
• Can I install cameras in the workplace to discourage employee misconduct?

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.