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Judith
Judith, Employment Lawyer
Category: Employment Law
Satisfied Customers: 460
Experience:  AV rated attorney, 20+ years experience; Certified by Tx Bd Legal Specialization, Labor/Employment
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Hello, Is it legal for my employer to obtain my fingerprints

Resolved Question:

Hello,
Is it legal for my employer to obtain my fingerprints to pass onto a 3rd party (their biggest client). The request is not from the employer themselves but from the 3rd party.
Also, where can I find more relevant info?
I am a Washington state resident
Submitted: 3 years ago.
Category: Employment Law
Expert:  Judith replied 3 years ago.

Hello. Thank you for submitting your question and allowing me to assist you.

 

This is a good question. If you consent, an employer can provide your fingerprints to its customer.

 

I do not know of a reference area to send you to except to tell you that I am not aware of any regulations that prevent a private employer from requesting this information. Employers are permitted to impose certain requirements on employees that are consistent with the need to meet requests of customers. Many employers now use fingerprinting as a way to improve security and ensure that the individual is a legal resident and not a criminal.

 

You did not indicate whether you have a concern that this information is being shared. If so I suggest you discuss the matter with the HR department and express your concern that the information/fingerprints could be misused or disclosed to someone else without your knowledge. Your employer could perhaps request the customer to explain the need for the fingerprints and to agree not to disclose the information or use it except for the limited purpose they identify. The customer could also agree to indemnify you and the employer if the information is inappropriately disclosed.

 

Best of luck with the situation. I hope this provides some guidance. If you have follow up questions, please let me know by hitting the REPLY button. You can request me by emailing me directly at my profile -- jsgilmore or by stating "For Judith" in the question.

 

Please remember to CLICK ON THE ACCEPT BUTTON so that I will be compensated for responding to your questions. I am an independent contractor and I will not be paid anything until you ACCEPT which means I will have performed a service for you without getting paid. You can follow up with other question to me as indicated above.

Customer: replied 3 years ago.
Hi Judith,
I do have a follow up question. I would like to mention that the job I do does not require any cash or check handling. All work if electronic. No paper is ever touched.
Can I ask my employer to provide a legit reason for a request such as this?
That will be all.
Expert:  Judith replied 3 years ago.
I think that you should tell your employer that you want to be a cooperative employee and that your job is important to you but that you are uncomfortable providing your fingerprints to people that you do not work for and that may use them or be careless with them. Ask your employer why this is required. Explain that you want a guarantee that your fingerprints will not be accessible to anyone and that if the customer's security is ever breached and your fingerprints are stolen you want to be protected.

I presume a background check was performed before you were hired. If that is the case then I do not think they need the fingerprints to establish that you are not a criminal.

If the reason is to establish your nationality then the request might violate the I-9/e-verify regulations if the use is to establish your nationality.

The request may be legitimate depending on the information that you are accessing so the best course is to ask the reason for the request. You should be polite and state that you are uncomfortable with a request for such personal information when they already have your social security number and driver's license.

I hope this works out. If you think of it send a reply and let me know how things turn out.

Best of luck with the situation. I hope this provides some guidance. If you have follow up questions, please let me know by hitting the REPLY button. You can request me by emailing me directly at my profile -- jsgilmore or by stating "For Judith" in the question.

Please remember to CLICK ON THE ACCEPT BUTTON so that I will be compensated for responding to your questions. I will not be paid anything until you ACCEPT and I will have provided a service for which I will not get paid. You can follow up with other question to me as indicated above.
Judith, Employment Lawyer
Category: Employment Law
Satisfied Customers: 460
Experience: AV rated attorney, 20+ years experience; Certified by Tx Bd Legal Specialization, Labor/Employment
Judith and 7 other Employment Law Specialists are ready to help you

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