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Background: In private industry/business,  some employers must institute an administrative, non-coercive,  search programs to address real or perceived property losses at the hands of their employees.  In establishing such a program, there are various issues that must be considered beyond the impact it might have on employee morale.  Company executives must thoroughly vet the legality of an administrative search under consideration and consider the potential for civil lawsuits filed against the company and its security operatives for such reasons as invasion of privacy, assault, false imprisonment, intentional infliction of emotional distress, and defamation.  Legal claims may result from the manner in which the search is conducted. For instance, search protocols that are found by a court to be unreasonable, discriminatory, discourteous, unfair, highly intrusive, socially unacceptable conduct, or instituted for frivolous reasons will likely lead to successful claims by employees, a significant threat to company assets that must be avoided.  

Scenario: The ACME Company manufactures various electronic devices for a variety of well-known brands.  This includes cell phones, cameras, camcorders, stereos, computers, tablets, video games, and more.  At any given time, many of these products are fully assembled and stored at the plant awaiting shipment to the vendors.  Also stored at the plant are the expensive components used to manufacture the devices.  As the new ACME security director, you have been alerted to the fact that significant inventory shortages have been occurring for the assembled devices and the stock components used to manufacture the electronic devices resulting in substantial company losses.  You also have obtained information that these losses are the result of extensive employee theft. 

To reduce or eliminate pilferage of company assets, you plan to discuss with the company’s executive staff a plan to institute a package control system that includes a reasonable administrative search or spot inspection of bags, packages, and large parcels carried by employees leaving the facility.  Before you do so, however, you decide to conduct the appropriate research to write a policy and associated procedures for this workplace search that will withstand any judicial test for reasonableness and fairness and present your proposal to the staff for consideration. You know the provisions of the policy and procedures must ensure the company and its security operatives balance their right to conduct limited searches to prevent and reduce company losses with employees’ expectation of privacy.

Writing Assignment:  Students are to write a proposal for initiating an administrative, non-coercive package control search program for the ACME Company that will prevent or at least reduce the internal theft of company assets.  The proposal must outline the specific provisions of the program policy, the operational protocols and procedures for conducting and documenting the searches and results, and the reasons why you believe the proposed policy and procedures are reasonable, fair, and non-discriminatory.

The length of the proposal will be between 600 and 1,000 words and students will use and properly cite and reference in APA format at least 3 sources other than the course instructional material. Course instructional material may be used and cited, but may not be included in the 3 sources required. 

Source Information:

http://www.twc.state.tx.us/news/efte/searches_at_work_legal_issues_to_consider.html

http://www.ppspublishers.com/ez/html/060804txtb.html

http://www.nolo.com/legal-encyclopedia/workplace-searches-dos-donts-29770.html

http://www.workplacefairness.org/searches

http://definitions.uslegal.com/w/workplace-searches/

https://www.courtlistener.com/opinion/2263945/chenkin-v-bellevue-hosp-ctr-nyc-etc/?