Legal Question in Employment Law in Pennsylvania

Re: Employer forcing me to use fingerprint clock.

You asked if an employer could require an employee to use a time clock based on a fingerprint.

GREAT QUESTION. I don't know the answer. And I don't think anyone else will answer either, so I'll give you what I can.

Depending on what side I was representing I would take different positions and think each side has a valid chance of winning.

I do know that the employer can make almost any request or requirement of an employee as long as there is no illegal discriminatory reason for that act. Such is the employment at will doctrine.

As with every situation, you have three choices: accept and stay, deny and leave or stay and fight. Few if any private attorneys will be willing to take the case without a susbtantial retainer. There may be some legal clinics willing to take the case but that will be hard to find.

One option may be to engage a group of employees to go against the policy. If you are represented by a union then the most likely alternative is to demand the union oppose this move.

Strictly as my opinion, I am with you. No way would I allow any employer to have a fingerprint. there are too many issues unresolved about fingerprints. The employer is likely concerned about time-card fraud. You might do some research on the net about ways to fake fingerprints. Build a case and demonstrate that employees will be even more able to commit time-card fraud with this technology than previously. Your employer is trying to answer a question, show them that this technology is the wrong answer.

I would appreciate if you would let me know what employer is employing this technology and what transpires.

Regards,

Roger Traversa