Project #1

1. Conducting a search of Yourprop’s personal vehicle parked on company parking lot property depends on several things. Search of a vehicle parked on the company property is generally not reasonable; however if there is proof or probable cause of Yourprop taking intellectual property his vehicle can be subject to search.

At this point there is no reason to search Mr. Yourprop’s personal vehicle because there is really no proof that he has the source codes for “Project X”. Mr. Andfirum of Human Resources conducted Mr. Yourprop’s exit interview where he heard him say “it is okay because I have a new job already and they were VERY happy to have me come from Makestuff, with ALL I have to offer.” There is no solid proof or probable cause to search Mr. Yourprop’s personal vehicle. Yourprop made a couple side remarks during his interview could have been for any possible reason. Human resources needs to consider whether Yourprop’s remarks have any truth to them, if they do, is there any proof and would previous notice be necessary in order for the company to search Yourprop’s vehicle without violating his privacy rights.

The proper way to implement workplace searches is to ensure they can answer “yes” to the following questions:

1. Has a written policy been communicated telling employees of potential workplace searches?

2. Do employees understand the consequences of refusing a workplace search?

3. Is the rationale for the search based upon violation of clearly stated work rules or the need to obtain job-critical information?

4. Is the search as limited in scope as possible, based on the nature of the investigation and the business reason for the search?

5. Has the employee’s personal liberty been protected, and can this be proven by a witness?

6. Is any information uncovered by a search subject to strict confidentiality requirements and disseminated only on a business need to know?

Each state has their own specific law that regulates...