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Allen M., Esq.
Allen M., Esq., Employment Lawyer
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Experience:  Employment/Labor Law Litigation
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Can an employer in Wisconsin require you to sign a form to

Resolved Question:

Can an employer in Wisconsin require you to sign a form to let them give out your social security number,birth date, drivers licence, etc... to a customer of the business so they can do their own background check.

Also is it legal for them to terminate you if you refuse to sign said form
Submitted: 9 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 9 months ago.
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

It is certainly legal for them to request that you release this information, because they can't legally release it without your permission. They can't require you to do it, but I think that you may have a different definition of "require" than the law has. Holding your job over you is not legally requiring you to do something. Physically forcing you to do something against your will is requiring you to do something.

Now, if you have no employment contract stating that you can only be terminated for cause, you are an "at will" employee in your state. At will employees can be terminated any time, with or without cause. Terminating you for refusing to release information to their clients that require the information in order to do a background check is not an illegal basis for termination, so it can be used as a basis for termination.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15076
Experience: Employment/Labor Law Litigation
Allen M., Esq. and 7 other Employment Law Specialists are ready to help you
Customer: replied 9 months ago.

my employer is wanting for me to give permission for supervisor/ manager to be able to give out the information. That is what I do not agree with, I am ok with giving the info to the customer myself.


 


I asked what would happen if I refused to sign, they told me termination.

Expert:  Allen M., Esq. replied 9 months ago.
Thank you for the additional information, but that does not change my answer.

There is no law making it illegal for your employer to request this information to share with their clients, if they have some reasonable justification for the request.

They are not forcing you to give them the information. They are certainly holding your job on the line, but that is not legally considered forcing you to do something. That is giving you a choice between two options, either of which is legal.

You can give them the information or they can fire you. (Technically, as an "at will" employee, they can fire you even if you do give them the information.....you are essentially always subject to termination as an 'at will' employee).

I'm sorry. I wish that I could tell you this is somehow illegal, but I can't because it isn't. I'm simply respecting you enough to be honest with you so that you can make the most informed choice possible.
Customer: replied 9 months ago.

thank you

Expert:  Allen M., Esq. replied 9 months ago.
No problem. Take care and please take the time to rate my service.

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