QUESTION

Employee Information

Asked on Dec 04th, 2013 on Corporate Law - Pennsylvania
More details to this question:
Hello, The company I work for will sometimes resource our services to do work for other companies. One of the companies has requested that we submit all our personal information before allowing us on site. Such as U.S. citizenship verification, social security #, Birth Certificate, etc.... I do not feel comfortable providing that information to a company I do not work for. Now my company has informed me that I could be terminated if I do not provide that information. Can I be terminated for not providing all my personal information to a company I do not work for? Thank you.
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1 ANSWER

Business Law Attorney serving Pittsburgh, PA at Fiffik Law Group, P.C.
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Employers are required, by the Fair Labor Standards Act, to have certain personal information about on file.  However, that doesn't necessarily apply to the company seeking to contract out your services.  It depends on the arrangement between your employer and that company.  If the company is going to pay a flat hourly or other rate directly to your employer for your services, then it would probably be sufficient under the law for the company to accept some type of affirmation or verification statement from your employer that you are a U.S. citizen or otherwise authorized to work in the U.S.  I don't think the company needs your information unless it was "employing" you directly.  Now, does that mean you can be fired for refusing to cooperate?  I don't think there's any law that would prevent your employer from terminating you for refusing to provide the information.  If you want to be certain your information is not provided, you should inform your employer, in writing preferably, that you do not authorize your employer to release your information to the company (that probably would be a violation of the law if it were shared without your authorization).  If you want to keep your job, perhaps you could ask about questions about what security measures the company would use to protect your information; the manner in which it will be conveyed (hopefully not public email, which is not secure), and things like that.  Maybe you can become "comfortable" that your information will be adequately protected and would then be more willing to comply with your employer's request.  Contracting employees out is not uncommon so if you do have a concern about sharing your information, you may want to explore other employment.  Best wishes! -- Mike
Answered on Dec 05th, 2013 at 1:33 PM

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