personal records

I live and work in Ga. I have been employed as a driver with the same small company for 12 years. I have never had one bad report against me. 6 years ago the company sold out to a big company. Alot of changes have been made over the past 6 years, but now I am VERY concerned about what the company is wanting now. Today I was given a form to fill out and sign that gave the company permission to check ALL of my personal records. Records include driving records, workers comp records, military records, employment references, personal references, credit bureau files, financial records, edcuational records, and criminal records. Not just for Ga., but all other states. Now a few of these records I MIGHT could understand, but NOT my financial records or my credit records. WHAT BUSINESS IS IT OF THEIRS? If I refuse to sign this paper, can I be fired? If so, under what grounds? Like I said earlier...I have been employed with the same company for 12 years, and I feel as if now they are going too far. What do you think, and why would they need that information anyway? I forgot to add...I haven't signed anything yet.

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Have you tried your state department of labor. They may be able to give you specific state rules and restrictions.

I'm assuming that the company gave you a release form that allows them to check these types of records. They are required to provide you with certain information and obtain your written permission according to the Fair Credit Reporting Act (FRCA). This is a federal law.

You didn't say what kind of a "driver" you were. Do you handle cash or checks? Are you in contact with other businesses where you may be free to enter their businesses while you perform your job,etc.? So the answer to your questions may depend on what job-related reasons they have to require this type of information. If you're driving their company vehicles, they could certainly require driving records. If you're handling cash, they could require a credit check or criminal records.

The question is...what will they do with the information once they get it? There must be a job-related reason to require this kind of information AND as to how they use it in the course of employment.

I assume also that you are not a union employee and that they are requiring this information from all employees?

Have you asked "why" they want this info and "how" they'll use it?

You may need legal counsel on this one dependingon the situation.

To answer some of your questions...I am a garbage driver. I have to enter business property, but not inside the buildings. I do not handle any cash or checks, I just empty the garbage cans. The reason I was given for the form, was that the company wanted just my driving record, and they wouldn't retreave any of the other information listed on the form. I was told that really that form was the wrong one, but they wanted me to sign it anyway. No other department in the company has been asked to complete the form yet, but I assume they will be following. When I called the personnal manage to ask the exact reasons why I had to complete the form, I was told that they knew nothing about it yet. They were not told of anything about any form. If I black out and initial the blackened areas, but give permission for the driving records, could they still look into everything else? Also, the form states that by signing it I agree and understand that they have my permission to look at the records indefinatly unless I send a written request otherwise. If I do decide to sign it, can I put on the form that my permission is cancelled the day I am no longer employed with the company?

I am not an attorney but am an HR Manager and have worked for large and small organizations with some experience in these issues.

A large company that I worked for employed drivers but they handled cash (and the did not conduct credit checks). This company did require employees to sign a document allowing the DMV to release driving records. This is for obvious reasons - safety, etc... Certainly if someone has D.U.I.'son their record or speeding tickets,etc.. the company would be taking on a potential liability by hiring that person. This company checked the driving records on an annual basis for anyone in the company driving a company vehicle. However, this is directly job related as would be the DMV check in your situation.

However, if your Human Resources department does not know anything about this, I would be reluctant to sign the authorization without further explanation.

The company would not have any reason to check your records once you left. Most companies have more to be concerned with than to check on former employees - besides, this costs money to do in most cases.

I think your concern is valid. I wonder if this requirement is being driven by the risk/safety manager.

Remember, by law, they can only check into what records are directly job-related.

The question still remains can his company fire him for not signing that form?