HR Solutions: Maintain security while avoiding invasion of privacy suits

An increase in security measures for visitors is highly noticeable since Sept. 11, 2001. Internal security, however, is just as critical in terms of communications, company property and em-ployee belongings and persons. Know-ledge of potential liability and sound policies will safeguard corporations from invasion of privacy suits.

To file an invasion of privacy claim, an employee must establish that he held a reasonable expectation of privacy.

Accordingly, to prevent or fight a claim, enterprises should clearly state that associates maintain no right to privacy. Create and disseminate a written, stand-alone policy and incorporate the information in the employee handbook. State that failure to cooperate in a search is grounds for immediate termination.

Provide examples in your policy concerning what might be inspected. Con-sider worker belongings, including vehicles, and person searches while on any corporate grounds.

Don't forget staff desks and lockers. Upon request, you should allow the associate to remove any personal or confidential items prior to a search. To ensure he does not transfer the article you might be searching for, utilize a third party to observe him during the removal period. Utilize the same third party to perform the actual search.

Under federal law, all mail received, even if marked "personal" or "confidential," may be read by employers once delivered at the work site. Opening em-ployee mail, however, might violate common law and create privacy claims under intrusion upon seclusion or public disclosure of a private fact.

To avoid these claims, include a statement in your policy prohibiting staff from receiving personal mail at work. If you open mail and realize it is personal, cease reading the document and ensure any confidential information remains private.

Voice mail and e-mail may be re-viewed and monitored after a transmission is complete. Since the law is unclear regarding the definition of "complete," and because consent issues might apply, seek legal counsel when drafting this portion of your policy. Include verbiage concerning documents on personal computers, laptops and hand-held computers.

Be sure to state that confidential passwords do not denote a reasonable expectation of privacy, nor the fact that equipment might be utilized at home or off-site. Specify that the company maintains the right to analyze all e-mail and Inter-net usage employing corporate equipment, including the server.

One of three search options may be chosen. The first is a random search conducted at any time and on any basis. This alternative will clearly reflect zero staff expectation of privacy. The second is a search only for reasonable cause, which will establish a more employee-friendly environment.

The third is a stance without any qualifying language, either random or for grounds, placing the organization in a middle-of-the-road position.

Regardless of which is chosen, use a witness during all searches. Document the facts surrounding the decision to search, the results and any action taken.

If a worker will not cooperate with a search, document his verbal and nonverbal communication. Do not touch him or he might have grounds for a harassment or assault-and-battery case. Do not de-tain him or he might file false imprisonment charges. An exception is when you call the police and await their arrival.

(Lynne Haggerman is president/ owner of Haggerman & Associates, a retained search, outplacement, in-house management training and hu-man resources consulting firm.)