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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 12221
Experience:  Licensed Texas General Practice Attorney
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I received the following letter from my employer. Is there

Resolved Question:

I received the following letter from my employer. Is there any legal recourse? Portions of the letter were removed.

AGREEMENT TO PROVIDE REQUIRED INFORMATION FOR CREDENTIALS
AND AUTHORIZATION TO PERMIT DISCLOSURE OF INFORMATION
As an applicant or employee of________ I understand that due to the nature of my position, I may be required to meet certain requirements imposed on _____ as a vendor to _____clients and customers. These requirements, known as “Vendor Credentialing” may be imposed by _____prospective or current clients, customers and/or their agents (including, but not limited to, third parties known as “vendor credentialing companies”) (together the “Customer VC Group”). In order for me to obtain the required credentials, I may need to provide to _____and/or the Customer VC Group with the following and otherwise agree to the requirements below:
1. Copy of my drivers’s license or other state-issued identification
2. Profile photograph of me
3. Social Security Number
4. Copy of my Birth Certificate
5. Copy of my Passport

I agree that I will not hold _____and/or the Customer VC Group (or any of them) responsible for any adverse employment decisions that may be made about my _______employment related to the Vendor Credentialing requirements and/or any other obligations set forth above. These include, but are not limited to the failure to: XXXXX XXXXX required information; pass required tests, background checks and screens; and obtain required immunizations.
I understand that Vendor Credentialing requirements vary by Customer VC Group and may change over time such that I may be required to meet additional or different requirements than those set forth above above in order to meet required Vendor Credentialing. I agree to meet all such Vendor Credentialing requirements while I am employed by ______, to the extent allowed by applicable law.

I have read and understood the above and consent to it without any coercion or duress by any individual or institution. I understand that I may revoke my consent at any time, except to the extent that ______has already taken action in reliance on it. However, I do understand that if I revoke my consent, ______may terminate my employment due to my inability to perform the essential job duties of my position.
Submitted: 1 year ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

By legal recourse, do you mean recourse should you be terminated for not signing the agreement?

Customer:

IS it legal for them to require this information, give it to a third party and require my to sign and agreement that they can not be held responsible?

ScottyMacEsq :

Absolutely. Alabama is an "at will" employment state. At-will employment meansthat without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion. They can require this agreement from you as a necessary condition of you keeping your job. Now it's entirely possible that shoudl there be a disclosure, etc... that they could still be held responsible. That is, if there is a contractual provision that is not enforceable due to "public policy" (that is, it would be against public policy to enforce that provision) then a court can throw that provision out. So it's entirely possible that you could still sue and win. But whether or not a provision in a contract might some day be held to be unenforceable is a completely separate issue than the signing of the contract itself.

ScottyMacEsq :

So your employer can, in fact, require that you sign this contract as a necessary condition of keeping your job. These identifying factors (while private) are not considered privileged under the law, and your employer can require that information so long as the employer is not discriminating against you based upon your race, age, religion, gender, or disability.

Customer:

I should add that I live and work in Alabama from a home office. The company is in California. If that make a difference.

ScottyMacEsq :

No, as the state that you actually live and work in would be the law that applies to your situation.

ScottyMacEsq :

That is, California law stops at the California border, even if the company is headquartered theer.

ScottyMacEsq :

*there

Customer:

Thank you. I understand employment at will but was not sure if they could require me to disclose this information.

Customer:

Or if there were any laws restricting what information they could require and disclose to other parties.

ScottyMacEsq :

They can. Like I said, if there is some inadvertent disclosure of the information due to their negligence, that waiver might be unenforceable. But the requirement of the information and signing of the agreement is different than whether it's enforceable or not.

Customer:

Thank you for your time.

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq :

Are you there? Please note that I am still here, awaiting your response.

ScottyMacEsq :

Should I continue to await your response, or may I assist the other customers that are waiting?

ScottyMacEsq :

Hello?

ScottyMacEsq :

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time (~25 minutes) and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, XXXXX XXXXX luck to you!

Customer:

Sorry I had a phone call. This answerers my question.

ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 12221
Experience: Licensed Texas General Practice Attorney
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ScottyMacEsq
ScottyMacEsq
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Licensed Texas General Practice Attorney