Search of Employee's Computer

WO

We have a very clear policy which allows the employer to conduct searches of employer property to include computers, e-mail, internet, ect.

However, we do not have a policy on conducting the search itself. Does anyone have a policy or procedure on the search itself?

Theresa Gegen TX

I don't have a policy on that, but you probably need to keep that as an internal/managers type guideline (not a promise to employees in the employee handbook). Also, because these will be very fact specific, and searching a computer may require help from an expert, you probably want to keep it broad and general. I would think that the most important portion will be delinating that the individual supervisors should not try to conduct the search themselves. Rather the equipment should be sequestered and experts should be called in.

I can't wait to hear input from others.

Good Luck.

Paul

You didn't state whether or not the searches would be "for cause" only, or if they would be random. This is a VERY important piece of your policy that must be explained in detail. Make sure that you include the language stating that there is "no reasonable expectation of privacy", as this is the legal jargon that has been tested in the courts.

I agree with the prior post that IF you develop a policy on how to conduct the search, that it be kept confidential. I would suggest to you that the policy of how you conduct the search NOT be reduced to writing.

Good Luck.