Employment Law Questions? Ask an Employment Lawyer.
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By legal recourse, do you mean recourse should you be terminated for not signing the agreement?
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?
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.
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.
I should add that I live and work in Alabama from a home office. The company is in California. If that make a difference.
No, as the state that you actually live and work in would be the law that applies to your situation.
That is, California law stops at the California border, even if the company is headquartered theer.
Thank you. I understand employment at will but was not sure if they could require me to disclose this information.
Or if there were any laws restricting what information they could require and disclose to other parties.
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.
Thank you for your time.
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Sorry I had a phone call. This answerers my question.