A federal agency produces collectible items such as commemorative coins and meda

Question

A federal agency produces collectible items such as commemorative coins and medals. Due to prior incidents of theft, a video surveillance was conducted on the production line. The video surveillance caught Steve, a line employee, dropping medals on the floor and later picking them up and putting them in his pocket while sweeping the workplace. Based on the tape, officials searched Steve's locker and found the stolen medals. Can Steve have the search invalidated on the grounds that it was unjustified? Explain your answer.

Explanation / Answer

Sometimes companies need to search workplaces to protect against thefts, breach of policy norms etc.

As per the ffederal and state laws, employers can conduct searches and interrogate employees only when there is a reason to be suspicious of wrongdoing by employee and the item being searched is not private in nature. Searching of workplace areas like computers, desks, and lockers is considered to be alright if there is a plausible reason for doubt.

What is most important is the context in which the search took place. Also, it is important that there should be a clear policy about this and employees should be properly informed of such a policy.

In the mentioned situation, a video surveillance has already showed that Steve is indeed involved in an unethical activity and is unlawfully acquiring what is not his own. The search only proved the same while recovering the stolen goods as well.

The search is completely reasonable as per the given circumstances. Also, the people conducting the search are officials and are authorised to conduct this search.

The only point that is not clear is whether Steve is aware that such searches might be conducted if required and if there is a clear, documented policy concerning workplace searches.

If this is in place, then the search that was conducted is completely justified and ‘Steve cannot have the search invalidated on the grounds that it was unjustified’,

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