Registration of Fingerprints with NJ State Police

[desiresback]

My bosses son made a remark the other day that if I had a problem with being fingerprinted I must have something to hide. Later that afternoon my boss pulled me aside and said do you have a problem with fingerprinting and drug testing to which I replied that I did not have a problem with drug testing nor did I have a problem with a background check. But I do have a problem with having to register my fingerprints with the State Police and that I felt he should have disclosed this policy to me during the interview process because I felt it was an invasion of my privacy. Why because I'm employed with him should I have to submit my fingerprints to an agency that would not otherwise have them unless I was a criminal.

Because a derogatory remark was made by the son I am now being scrutenized and singled out. The boss swears without a reasonable doubt that he tells ALL applicants about this policy, yet I know as a fact this is not true because when I mentioned it to other co-workers, who have been employed longer than I have, about this, they have never heard of this policy, nor have they been asked to submit their fingerprints. I am a bookkeeper for a management company and they are employed in the same position as me. Does my boss have the right to single me out because of a remark made by a co-worker (his son)?

The boss states I have to register my prints and be subject to an extensive background check under the NJ State Police guidelines for Security Companies (SORA Regulations). I emphasize that I am NOT an employee for the securty company, which he owns, I am an employee of the management company he owns. I have never received any compensation from the security company as far as wages and benefits and most of all I feel offended by the comment made by his son which started this whole thing.

[zelner]

Can you tell me if the son is an employee of the company and if so what position does he hold?

An employer could probably get away with requiring all employees to submit fingerprints provided there is a business related purpose. However, if one employee is singled out for fingerprints then the employer may be opening himself up to legal liability. If your employer takes any negative action towards you for not submitting fingerprints then he could be sued for harassment at the very least. The boss’s son could be sued for defamation and harassment. There may be more causes of action too.

I would document everything that is said and every action taken by your employer regarding the fingerprint request. Also, I would politely ask your employer if there is any law or regulation that requires you to be fingerprinted. Sometimes if an employer is seeking a new insurance policy for employees who handle money, securities or financial transactions the insurer may require fingerprinting of those employees.

Also, try to obtain a copy of the employee manual if there is one. See if there are any sections dealing with fingerprinting.

I would also recommend bringing a small tape recorder to work and using it if you have a conversation with the boss regarding fingerprinting. This is the best evidence to have and prevents some people from lying like hell about a situation. It also seems to cure selective amnesia.

You may ultimately have to decide whether to refuse fingerprinting and risk termination or grudgingly accept it. Personally I think you have a decent lawsuit if he fires you for refusing and you were indeed singled out the way you describe. Just make sure you have collected some good pieces of evidence to substantiate your story.

[desiresback]

The son originally was going to come on as an independent contractor, however, since he's come on he has become an employee of the company. I am not sure what his title is.

Well, push come to shove, I was told my my employer that I had untl Monday, May 5, 2008 to make a decision on whether or not to be fingerprinted (as an employee of the Security Company). I went to work on Monday, desperately trying to find out if he was invading my privacy or harrassing me but by 9 am could not get a clear answer from anyone within the state offices. I went into the office questioning:

1) Why was all of this brought up after 4 months of employment (was it because the son then went and said something to the 'boss' afterwards)
2) Why I had not been informed of this proceedure prior to employment?
3) Why was he 'all over' me about the issue but still the other workers that were NOT fingerprinted were not approached?

1) Answer: His answer at first was that it had nothing to do with what his son said, it was Company policy (which someone else was SUPPOSED to follow up on and never did). After pressin the issue he ADMITTED that yes his son had said something to him about it (hmm, could this be defamation?)
2) He will go to his GRAVE swearing he told me and ANYONE else who has EVER been interviewed or has been employed by his company (I have an email from a co-worker that specifically says she never heard of this proceedure nor had her other co-worker)
3) He has not gotten around to talking to Bob about this yet as he was NOT in the office that day.

I pressed on saying that the bookkeeper prior to me (who was employed for eight months) had never been fingerprinted.....to which he replied "SHE WAS FIRED!" I don't know did I question the outcome of her employment or the fact that she was not fingerprinted? I already knew she was 'gone'

So the outcome of this was.....On the facts that I AM employed by management and not by security I will not submit! To which he replied that I should 'dust' off my resume!

[desiresback]

And YES I did have a recorder with me when I went back into the bosses office and its all on tape. You could tell he was not happy with the questionning and at one point he said he felt as if he was being 'set up'.

Well if it smells like s**t it must be s**t!

[zelner]

Ok, let me ask you something. Do you suspect any other underlying reason why they are after you? Could it be a racial, gender, religious or age related thing?

Good thinking regarding recording the conversation. Also, save the email from the other employee.

Keep me updated on this. I am very interested and if you get fired let me know because I may be able to find you legal help.

[desiresback]

Other than the comment being made by the son after I said something about fingerprints, I do not suspect anything other reason which I am being singled out. I did keep the email from my the other employee.

The boss says because of his security licence all employee's of the security company MUST be fingerprinted, but again, that does not apply to me because I am not an employee of the security company. I think it was a move by the boss to prove he's the boss and dammit she's gonna do what I tell her to do or she's out of here.

Again, let me emphasize this.....I HAVE BEEN FIRED....BUTTTTTTTTTTT since he's such a 'nice guy' he's going to let me stay on so I can locate another position.....Truth is....he'd be in very hot oil if I was not there to do my job on a daily basis because of how much work I do and all the money that needs to keep moving around....just goes to prove HOW IMPORTANT these fingerprints are huh?

Thanks for the words of encouragement about the tape recorder...but I've learned in the past! I have very strong convictions over certains things and I won't budge....even if I do loose my job....sometimes its the point of the matter....not the matter at hand!

[JayT]

I am not a lawyer. Since you said that your job is as a bookkeeper, it would seem to me that the employer could easily say he had a legitimate business reason for requiring that you be fingerprinted while not requiring others to be fingerprinted. You have access to the company's financial records and probably everyone's DOB, Social Security Number, the company's credit card numbers, etc. You may or may not be handling company money, but even if you are not, the information you have access to could provide a means for you to embezzle money, steal the identity of others, etc.

Unless you can show some illegal reason why you were required to be fingerprinted, while others were not -- such as due to your race, gender, age, affectional or sexual orientation, etc. -- I don't see how you would have a valid case against your employer for terminating your employment after you refused to be fingerprinted.

[USA09]

Given the number of times you've discussed drugs and other things in the GSN Chat, you probably do have something to hide.

Furthermore, I doubt you found another job. You are on the dole. And the way you act in chat makes me think you are just another thug wannabe. Let's just say you are "real close" friends with Brendy the moderator. Don't wear your tongue out on that thing. LMFAOOOOOOOOOOOOO!!!!!

[USA09]

Other than the comment being made by the son after I said something about fingerprints, I do not suspect anything other reason which I am being singled out. I did keep the email from my the other employee.

The boss says because of his security licence all employee's of the security company MUST be fingerprinted, but again, that does not apply to me because I am not an employee of the security company. I think it was a move by the boss to prove he's the boss and dammit she's gonna do what I tell her to do or she's out of here.

Again, let me emphasize this.....I HAVE BEEN FIRED....BUTTTTTTTTTTT since he's such a 'nice guy' he's going to let me stay on so I can locate another position.....Truth is....he'd be in very hot oil if I was not there to do my job on a daily basis because of how much work I do and all the money that needs to keep moving around....just goes to prove HOW IMPORTANT these fingerprints are huh?

Thanks for the words of encouragement about the tape recorder...but I've learned in the past! I have very strong convictions over certains things and I won't budge....even if I do loose my job....sometimes its the point of the matter....not the matter at hand!

Teresa aka Desire is just another drug addict who got caught, and can't bear the consequences of her retarded decisions