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Old 02-13-2004, 02:08 PM
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goldphoenix goldphoenix is offline
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applications for employment



As I've mentioned in another post, I'm searching for work. One place that I'm applying at has a separate form that comes with the application which is a Background Investigation Information and Consent form.


It's worded like this: "Company" intends to make an independent investigation of your background which may include references, character, past employment, education, credit and consumer information, driving history, criminal or police records, or insurance claim records, including those maintained by both public and private organizations and all public records for the purposes of confirming the information contained in your Application and/or obtaining other information which may be material to your qualifications for employment (a "Background Investigation").


CONSENT. The undersigned hereby authorizes "Comany", as part of the application process, and from time to time during my employment, to conduct a Background Investigation, which may include a consumer report and/or a Motor Vehicle Report. I authorize the release of all such information to "Company."


I release, without reservation, "Company's" and any other person or entity which provides information pursuant to this authorization, from any and all liabilities, claims or causes of action in regards to the information obtained from any and all of the above reference sources used. I acknowledge that this is a stand-alone customer notification informing me that a report will be requested and that the information obtained shall be used solely for the purpose of evaluating me for employment, promotion, reassignment, or retention as an employee.


The following is my true and complete legal name and all information is true and correct to the best of my knowledge.


Then it asks for Full name, Present address, Former address and how long at each, date of birth, DL number, DL expiration, and SSN. Below where you're to sign it says: Note: The above information is required for identification purposes only. "Company" is an Equal Opportunity Employer, and does not discriminate on the basis of sex, race, color, religion, creed, national origin, veteran status, age, disability, or on the basis of any other classification or characteristic protected by federal, state, or local law. In addition, this form is subject to revision without notice in the event of a change in federal, state, or local law.


&


So, as minor as this seems, I'm looking for some input please on whether I should even fill out this consent form, whether I am required by law to fill it out, whether my SSN must be provided in order to be employed (i've read it does not, however that has cost me a potential job already), and any and all ideas, comments, possible ways to fill this form out, etc.


I noticed it says "without reservation." Isn't this suggesting that by signing I waive my rights? Even if I signed it "without prejudice" wouldn't I be agreeing to&waiving my rights?


I really need to find work, and don't want to screw up every opportunity I have to work, yet at the same time I don't want to be waiving any rights. The manager was really nice when I went there but said to make sure and fill the consent form out, saying it was a dumb corporate paper.


Due to prior experiences, which I'm sure everyone here understands, I now have a tendency to read all the fine print. Any comments on this fine print would be greatly appreciated!


goldphoenix
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Old 02-13-2004, 02:55 PM
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Re:applications for employment



You would be waiving your rights.& Kiss your privacy good bye.


&
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Old 02-13-2004, 03:05 PM
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goldphoenix goldphoenix is offline
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Re:applications for employment



Thank you for confirming that, Ice!


Hmm...Question from the ingorant (that's me), "Can they lawfully deny employment because I don't wish to waive my rights to privacy?"
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Old 02-13-2004, 03:19 PM
JamesDean
 
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Re:applications for employment



Google search&for privacy, employment


http://www.privacyrights.org/fs/fs16-bck.htm
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Old 02-13-2004, 03:41 PM
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goldphoenix goldphoenix is offline
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Re:applications for employment

Thank you James. It appears that a couple of their questions are in violation of the federal EEO laws.
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Old 02-13-2004, 03:43 PM
JamesDean
 
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Re:applications for employment

Quote:
Originally Posted by goldphoenix



Thank you for confirming that, Ice!


Hmm...Question from the ingorant (that's me), "Can they lawfully deny employment because I don't wish to waive my rights to privacy?"





To that I would say yes, they can lawfully deny you employment because you don't wish to waive your rights.


If you don't want to play by their rules, then you don't have to&volunteer to play the game.& If you volunteer, you play by their rules.
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Old 02-13-2004, 04:36 PM
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Re:applications for employment

Try this,
If you don't mind the Initial prying eyes;
sign your form;
get the job;
then submit an affidavit reversing and no longer authorizing your signature for background checks, etc....
They have to stop once put on notice and they cannot fire you because of it.

Hope this was useful.

John
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Old 02-13-2004, 10:08 PM
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Re:applications for employment

John4na,

Welcome to the forum! I like your last response!! Appropriate, to the point and king-like. Great post John. Fantastic.
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Old 02-26-2004, 10:14 AM
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goldphoenix goldphoenix is offline
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Re:applications for employment

Thank you, John!

Peace,

Paul
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Old 02-26-2004, 02:11 PM
JamesDean
 
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Re:applications for employment



Employers&do not have to have a&reason&to fire a new employee.& Employment is at WILL and is VOLUNTARY on both sides. &The only reason&they could not fire you is if&you objected to filling out their forms for religious reasons.


You can contact Eric Madsen at TeamLaw.net to find out how to give them paperwork objecting to signing their forms for religious reason at 303 882-0556 on Mondays from 10-5 and Tuesdays from 7-9 pm. Mountain standard time.


&


&
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