Legal Question in Civil Rights Law in California

Employer Discrimination

Recently the VP of my department was fired for violations of ethical policies. Today just our department received a very invasive ethical survey which ends with a paragraph indicating that by signing I am allowing the company to review ssn#, credit, driving, banking, interviews, education etc. (I have been employed for 11+ years with the company) by Kroll Background America. I am not currently in a management position. This is a mandatory form according to the CEO. the preface in the begininig of the form is that they want to make sure everyone has submitted this authorization even though you may have signed it already or just in case you were employed prior to this requirement, Do I have to comply as I have been employed for over a decade and because only our group is being targeted?


Asked on 12/10/08, 9:22 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Employer Discrimination

This is probably not an enforceable demand, because of the privacy violations requested. In an initial employment application, they could request and require it as a condition, but not now 'out of the blue' without good cause to do so, such as you being moved into a 'sensitive' financial position. However, you should review it and consult with counsel before taking a strong position with the company. As an 'at will' employee you can be fired for any reason, so you want to be careful before refusing. Feel free to contact me if serious about doing so.

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Answered on 12/11/08, 3:12 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Employer Discrimination

And if you think Kroll is going to destroy the information and not keep it in some database and redistribute it to whomever.... I would "forget" to sign it.

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Answered on 12/10/08, 10:22 pm


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