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Legalease
Legalease, Lawyer
Category: Employment Law
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Experience:  13 years experience in employment law, unions, contracts, workers comp law
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I have applied for employment with the North Carolina State

Resolved Question:

I have applied for employment with the North Carolina State Highway Patrol (SHP). I hereby consent to the Department of Public Safety (DPS) and the SHP conducting an investigation into my moral character, reputation, education, employment history, financial history, and other aspects of my background.

I hereby authorize and direct any person, firm, corporation, educational institution, government agency, or other entity, holding any information or record about me, including, but not limited to academic, residential, military, educational, personal history, employment, financial, credit, disciplinary, arrest, and conviction records to release said information or record to the DPS and/or the SHP or its agents within one year of this date. I further authorize any such person, firm, or corporation to give their personal and/or professional opinions and statements, whether substantiated or not, concerning my prior activities, job performance, reputation, or moral character.

I hereby authorize the SHP to obtain and use any such information or record in making any decision concerning my employment with the SHP, to release such information or record, including my social security number, to third parties in the course of fulfilling its official responsibility, and to use or release this information or record for any other legal purpose.

On behalf of myself, my heirs, executors, administrators, and assigns, I hereby release, exonerate, discharge, and agree forever to refrain from bringing suit or proceeding at law or equity for any claim or suit for damages against all persons, firms, corporations, educational institutions, governmental agencies, or other entities, their employees and agents, whether or not named herein, for release whether directly or indirectly, of any information or record, whether substantiated, accurate or not, and the DPS and the SHP, all employees and agents thereof, for obtaining, using, and releasing any such record or information, whether substantiated, accurate or not. If there are any questions concerning the validity of this release and agreement not to sue, you may contact me as indicated below.


By signing this letter:

1: Do they have the right to release from employment after 1 year of service, if they do not like the results for the background check.

2. What is the concern for a law suit, and why would one be needed.

3. Can this information gathered be used for other proposes other than this employment process.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Legalease replied 1 year ago.

Hello there

-

This release is very standard for law enforcement agency employment -- when you want to work in state or federal law enforcement you basically have to give them the right to examine everything about you and your life if they choose to do so and you have no right to refuse their inquiries or refuse to sign this release if you want to be considered for the job at all (the federal government is even worse than this disclosure if you seek employment with them). Basically, the answer is "yes" - they can terminate you up to one year after this disclosure if any information is brought to their attention about your background that does not meet their criteria for hiring. The lawsuit concern that you are asking about in the release means that you are releasing from a lawsuit any person, party or agency that provides information to the department regarding you or your background (again, this is a standard part of these releases -- the department wants other third party people or companies to be able to talk about you freely with them withou a fear of lawsuit from you -- but the fact is that such lawsuits never generally get far anyway). Finally, the department should have a policy that they will not disclose any of the information gathered to anyone outside of the department (unless they are the subject of a court order to do so).

-

All things considered, while this release seems like a tough release, it is not as bad as some releases in other states and the one that you would have to sign if you wanted to work in a federal government law enforcement capacity. They can also refuse to hire you if you refuse to sign it because any employer (including state governments) have the right to set their own hiring conditions on any job or position and they are within the law unless they discriminate against applicants based upon race, gender, age, disabilit, religion or sexual orientation.

-

MARY

-

Please press the 3rd, 4th or 5th smile face below so I will be paid for my time. I am paid NOTHING unless you press a positive rating below so I DO appreciate it. THANK YOU

Customer: replied 1 year ago.
Thank you, XXXXX XXXXX have been very helpful.

One last question. So in this case the information gathered could be released to other parties, at the moment I can't think of a usage for such information but in a way which would not be in my favor.
Expert:  Legalease replied 1 year ago.

Hello again

-

It could be released to a third party but I doubt that it will be released. Generally once the law enforcement agency has the information it will stay within their department.

-

MARY

-

Please press the 3rd, 4th or 5th smile face below so I will be paid for my time. I am paid NOTHING unless you press a positive rating below so I DO appreciate it. THANK YOU

Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 14614
Experience: 13 years experience in employment law, unions, contracts, workers comp law
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