Your Rights in the Work Place
IN THE WORKPLACE DEFINED
When we say “in the workplace” we mean on your job, where you work, your place of employment, where you go to make a living.
THE GENERAL LAW
It is important to understand that because there are different types of workers, there will be different types of rights even under the law.We can break classification down to “private” and “public.” As a private worker you will encounter terms like “at will” or “non-union” or “non-government.” As a public worker terms like “government” or “union” or “labor agreement” will be familiar to you.Further categories include, but are not limited to the following:
You do have the right to an expectation of privacy in the workplace when it
Day Laborers and E-Verify
Part / Full time employees
applies to your own personal items. Usually employees have concerns when it comes to the following “in the workplace:”
Surveillance in the workplace
Credit and Criminal record checks
You have the right to know and have a copy of any policy regarding what is
You do have the right to work in an environment that is free from, but not public and what is private property in your workplace. limited to the following:
You should know if the person conducting a search is qualified
INTERACTION WITH POLICE IN THE WORKPLACE
Both Federal and state laws are in place to protect the rights and privacy of employees in the workplace. Employers have the right to question employees if reasonable suspicion exists or if there is no expectation of privacy.? link fraud and white collarIn order to be detained “in the workplace,” your employer must have evidence that you In the event of termination, your employer may have you stay long enough to clear out your belongings, return property that belongs to the workplace, return vehicle that belongs to the workplace, etc. Unless law enforcement has been called to your workplace to investigate some alleged crime or criminal activity, you are free to go.Once upon the scene, law enforcement can detain you to investigate what problems exist in your workplace, whether or not a crime or criminal activity exists, establish if everyone is safe, determine whether or not you will stay or be removed from the It is in your best interest to simply leave without incident. You have a recourse if you believe you are the victim of unlawful termination.Be sure to make yourself aware of policies and procedures of the workplace that pertain to security and inventory. Employers such as Kohls require employees to put away any handbags, wallets, etc. during their hours of work and to open any bags and expose the contents of their pockets before leaving the building.In the event that you are under surveillance or suspected of steeling or .... and law enforcement is called to .... If law enforcement places you under arrest in your workplace or any where else as a result of your employment, do not resist. Cooperate with law enforcement until you can fact find regarding what is going on and why you are being arrested.It is crucial that you remain silent and seek an attorney when an arrest stems from your workplace. There could be activity going on that you were not aware of and you could incriminate yourself even if you are innocent.
WHAT THEY CAN LEGALY ASK YOU TO DO
STOP “you in the workplace”You can at anytime get called into your boss’s or supervisor’s office if he or she believes there are some issues regarding your behavior, ethics, ....Depending on your job classification, you can be terminated or asked to leave your QUESTION you “in the workplace”Always remember, when you are at work you are subject to rules, regulations, policies, procedures, codes, .......Being questioned about your conduct or practices or .... Maybea very common happening. But, you always have the option to remain silent.If you are being questioned by the authority “in your workplace” or by law enforcement DETAIN you “in the workplace”Because you are “in the workplace” your employer may require that you perform some duty you may believe is outside the realm of your job description......In the event a situation arises, your employer may detain you during work hours or ask you to come in earlier or stay later to ......If your employer at some point determines your position has been compromised or you are going to be terminated, your employer may detain you until all materials, equipment, uniforms, cell phones, cars, etc. are returned to the company.PAT DOWN/SEARCH YOU “in you’re the workplace”It is very common these days for an employee’s day to start off with walking through a “detector,” having calls monitored while being watched through security cameras and ending their day with a pat down or search upon departure.ARREST you “in the workplace”The best advice you can follow if you become involved in criminal activity “in the workplace” or have been accused of it, and are placed under arrest, is to REMAIN SILENT. No matter what the circumstances are, your rights never change.DO NOT RESIST arrest or try to ......
HOW YOU SHOULD HANDLE THIS SCENARIO
Follow the protocol of the policies and procedures of your employer. You must know and understand what you are sign on for when you first take a position. If no policies or training have been offered or provided immediately ask why you are being stopped.
Assuming you have versed yourself in how your employer runs the business and what the expectations are in your position, do not answer any questions as a general rule. Write them down and let your employer know you will get right back to them. Then consult an attorney as soon as possible.You always have the right under any circumstance NOT TO INCRIMINATE If you do not understand the question be sure to ask your employer to explain. If handing down some disciplinary action is at stake, be sure the employer gives you specific reasons and backs it up with policy and procedure. Let an attorney question the validity and whether or not the alleged crime is in fact a crime and whether or not the punishment has been consistently given to others.
You must know the policies and procedures “in the workplace.” Find out what the rules say are the circumstances the employer can hold or detain the employee. Remember that unless you are under a special or specific type of “contract” you have the right and are free to walk away from you job or place of employment whenever you choose to do so.
“In the workplace” you can still say I DO NOT CONSENT TO A SEARCH....