Evaluate how this court decision impacts security operations

Assignment Help Business Law and Ethics

Reference no: EM131091738

Option 1

Background: In private industry/business, some employers must institute an administrative, non-coercive, search programs to address real or perceived property losses at the hands of their employees. In establishing such a program, there are various issues that must be considered beyond the impact it might have on employee morale. Company executives must thoroughly vet the legality of an administrative search under consideration and consider the potential for civil lawsuits filed against the company and its security operatives for such reasons as invasion of privacy, assault, false imprisonment, intentional infliction of emotional distress, and defamation. Legal claims may result from the manner in which the search is conducted. For instance, search protocols that are found by a court to be unreasonable, discriminatory, discourteous, unfair, highly intrusive, socially unacceptable conduct, or instituted for frivolous reasons will likely lead to successful claims by employees, a significant threat to company assets that must be avoided.

Scenario: The ACME Companymanufactures various electronic devices for a variety of well-known brands. This includes cell phones, cameras, camcorders, stereos, computers, tablets, video games, and more. At any given time, many of these products are fully assembled and stored at the plant awaiting shipment to the vendors. Also stored at the plant are the expensive components used to manufacture the devices. As the new ACME security director, you have been alerted to the fact that significant inventory shortages have been occurring for the assembled devices and the stock components used to manufacture the electronic devices resulting in substantial company losses. You also have obtained information that these losses are the result of extensive employee theft.

To reduce or eliminate pilferage of company assets, you plan to discuss with the company's executive staff a plan to institute a package control system that includes a reasonable administrative search or spot inspection of bags, packages, and large parcels carried by employees leaving the facility. Before you do so, however, you decide to conduct the appropriate research to write a policy and associated procedures for this workplace search that will withstand any judicial test for reasonableness and fairness and present your proposal to the staff for consideration. You know the provisions of the policy and procedures must ensure the company and its security operatives balance their right to conduct limited searches to prevent and reduce company losses with employees' expectation of privacy.

Writing Assignment: Students are to write a proposal for initiating an administrative, non-coercive package control search program for the ACME Company that will prevent or at least reduce the internal theft of company assets. The proposal must outline the specific provisions of the program policy, the operational protocols and procedures for conducting and documenting the searches and results, and the reasons why you believe the proposed policy and procedures are reasonable, fair, and non-discriminatory.

The length of the proposal will be between 1,000 and 1,500 words and students will use and properly cite and reference in APA format at least 3 sources other than the course instructional material. Course instructional material may be used and cited, but may not be included in the 3 sources required.

Source Information:

https://www.twc.state.tx.us/news/efte/searches_at_work_legal_issues_to_consider.html
https://www.ppspublishers.com/ez/html/060804txtb.html
https://www.nolo.com/legal-encyclopedia/workplace-searches-dos-donts-29770.html
https://www.workplacefairness.org/searches
https://definitions.uslegal.com/w/workplace-searches/
https://www.courtlistener.com/opinion/2263945/chenkin-v-bellevue-hosp-ctr-nyc-etc/?

Option 2

Background: In private industry/business, some employers must institute an administrative, non-coercive, care taking search programs to address real or perceived property losses at the hands of their employees. In establishing such a program, there are various issues that must be considered beyond the impact it might have on employee morale. Company executives must thoroughly vet the legality of an administrative search under consideration and consider the potential for civil lawsuits filed against the company and its security operatives for such reasons as invasion of privacy, assault, false imprisonment, intentional infliction of emotional distress, and defamation. Legal claims may result from the manner in which the search is conducted. For instance, search protocols that are found by a court to be unreasonable, discriminatory, discourteous, unfair, highly intrusive, socially unacceptable conduct, or instituted for frivolous reasons will likely lead to successful claims by employees, a significant threat to company assets that must be avoided.

Writing Assignment: Students are to write a paper that explores the use and legalities of an administrative, non-coercive, care taking search program instituted by private security operatives to address real or perceived company losses resulting from significant internal theft. After reading and evaluating Judge Edward Weinfeld's opinion in Chenkin v. BELLEVUE HOSP. CTR., NYC, ETC., 479 F. Supp. 207 (S.D.N.Y. 1979), found in the eReadings section of the online classroom, consider the opinion and respond to the following:

(1) Write an introduction to the project and include its purpose and a succinct recitation of the basic facts in this case.

(2) Describe the issues related to the search program the court needed to resolve.

(3) Explain the positions that Chenkin and Bellevue advanced to the court regarding Chenkin's claim that the hospital's package control system was unconstitutional.

(4) Provide details of the court's ruling and rationale and be sure to describe the important features of the search procedure instituted by Belleville that in the view of the court rejected Chenkin's claims.

(5) As a practical matter, evaluate how this court decision impacts security operations. Be specific and comprehensive.

The length of the proposal will be between 1,000 and 1,500 words and students will use and properly cite and reference in APA format at least 3 sources including the court's opinion. Course instructional material may be used and cited, but may not be included in the 3 sources required.

Source Information:

https://www.courtlistener.com/opinion/2263945/chenkin-v-bellevue-hosp-ctr-nyc-etc/?
https://www.twc.state.tx.us/news/efte/searches_at_work_legal_issues_to_consider.html
https://www.ppspublishers.com/ez/html/060804txtb.html
http:/www.nolo.com/legal-encyclopedia/workplace-searches-dos-donts-29770.html
https://www.workplacefairness.org/searches
https://definitions.uslegal.com/w/workplace-searches/

You are highly encouraged to use the services of the UMUC Effective Writing Center (EWC) for this project. Personnel at the EWC can be contacted using the following website: https://www.umuc.edu/ewc/.

Formatting Requirements

Use the American Psychological Association (APA) style manual in writing this paper.

Paper should begin with an appropriate introductory statement about the topic and a reference page.

You may access the following UMUC website as a reference for APA style requirements:
https://www.umuc.edu/library/citationguides.shtml

Paper should be a minimum of 1,000 (minimum) to 1,500 (maximum) words

· Double space
· 12 pt. font
· 1" margins
· Use APA citations for all sources
· Include reference page using APA format guidelines (not included in word count)

Additionally -

· Create a cover page for your assignment (not included in word count)
· Include your name
· Course title and number
· Project title
· Date of submission

Reference no: EM131091738

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