Legal Question in Employment Law in New York

Handprint timeclock, Am I required to submit to using one?

I work in a nursing home that has recently started using a 'handprint' timeclock. It was installed to stop people from cheating payroll. When I was first hired we just scanned our name badge, now we scan our hands.

My questions are:

Can they require me to use this if I have some concerns regarding how this info is used in the future? (privacy) Can I require them to remove this image from their system when I'm no longer employed there? How are they allowed to use this image? ie; can they share this police agencies?

I've never been fingerprinted except for my thumbprints on the birth certificates of my children, and I'm hesitant to do so now.

Thnk you, Sincerely,

L.S.


Asked on 9/29/04, 12:34 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Handprint timeclock, Am I required to submit to using one?

Provided they are a private institution (not a State or Federal Hospital) and you do not have a contract or a member of a union they are free to institute the type of system you describe. if you are not comfortable with the system, you do not need to submit to it, but they are not required to emply you further. You do have the option of not submitting by resigning your job.

You certainly have the right to request that they remove your image when you no longer work there, but whether they would be required to or not, would be an open question and you may need to start a lawsuit to get that question answered.

If the company is private they could legally share your print with a police organization without a warrant.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 9/29/04, 12:54 pm


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