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Although few individual employment contracts contain terms that explicitly prohibit investigatory searches or methods, HR professionals should at least review contracts and employment policies to
Although few individual employment contracts contain terms that explicitly prohibit investigatory searches or methods, HR professionals should at least review contracts and employment policies to avoid running afoul of such provisions while conducting investigations. Contract-based protections for employees that implicate investigatory methods are most likely to be found in collective bargaining agreements (CBAs), which frequently address certain kinds of investigatory matters, most notably the use of drug tests. CBAs often allow periodic drug testing - a high profile example is use of testing for performance-enhancing drugs in Major League Baseball - as well as incident-related testing, for example, of operators of equipment or vehicles following an accident. But they may also contain limitations on such testing, outline testing procedures, and provide for a grievance process - most commonly labor arbitration. Employers must adhere to these terms or risk being affirmatively liable or at least unable to implement preferred disciplinary action. See generally Ariana R. Levinson, Industrial Justice: Privacy Protection for the Employed: 18 CORNELL J. L. & PUB. POL'Y 609 (2009)
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