Legal Question in Criminal Law in Nebraska
Fingerprinting as Proof
If a business' employees are receiving harrassing letters and the business therefore decides to take action to stop this....can they legally force or forcibly ''suggest'' that their employees submit to fingerprinting so as to prove themselves innocent of the letter writing and mailing? Would it be legal to force a group of people to prove their innocence (with jobs on the line if they do not submit to the fingerprinting) if there is no proof what so ever that any of them are responsible?
1 Answer from Attorneys
Re: Fingerprinting as Proof
Nebraska is an "employment at will" state- either an employer or employee may terminate an employment agreement for any reason or no reason at all. (There are several exceptions to the general rule: an employer cannot violate laws preventing discrimination for reasons of race, color, religion, gender, national origin or disability; nor can they fire, demote or discipline an employee for refusing to violate federal, state or local law; the terms of any employment contract between employer, employee and/or union will be enforced and will override employment at will.)
The constitutional protections to criminal defendants apply only to agents of the government and those persons who act at their direction. "presumed innocent until proven guilty beyond a reasonable doubt" is a standard for criminal prosecutions, not employment cases. This is more appropriately directed to an employment attorney. There are restrictions on the use of polygraphs, voice stress analyzers and the like in Nebraska by employers- seeNEB REV STAT Sections 81-1901 to 81-1936, the "Licensing of Truth and Deception Examiners Act."
Good luck
Bill Jones
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