Termination for refusing to sign an authorization form.
Can an employee be terminated for not signing a "Combined Disclosure Notice and Authorization Regarding Background Consumer Reports"?
The employee has been working for the company for over 6 years, and the employer is just now asking it's employees to sign this form authorizing the company to investigate reports including the employee's character, employment history, general reputation,personal characteristics, police record, education, qualifications, motor vehicle record, mode of living and/or credit and indebtedness. The form reads these reports " may be obtained in connection with your application for and/or continued employment with the employer.
The employees of this company work in chemical plants performing x-rays, tests, etc. on pipes, vessels, etc.
It seems to me that the company is overstepping it's boundaries. Is this legal?
Thank you,
Toni
Answers (2)
Employees in Texas have very few rights to privacy. Is the employer going overboard? Yes. But, the question is whether the employer is breaking the law. From the examples you gave, I don't see a violation of the law, but it will depend too on what they do with the information, what safeguards they will put in place to make sure that only people with a need to know can learn the information that is obtained, etc. At this time, the only law on the books that specifically protects your privacy rights about what the employer can even ask is your health/medical information -- but there are exceptions to that too. I think you should see a private lawyer and let that person take a closer look at the information.
posted by Margaret A. Harris | Aug 9, 2004 12:22 PM [EST]
It is employment at will in Texas, so if the employer did not violate one of the federal or state discrimination laws or one of the common law tort claims, you may not have a strong claim for wrongful termination. I suggest you seek a local attorney and give the attorney more details.
posted by Trey Henderson | Aug 9, 2004 08:48 AM [EST]
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