archenemy Posted November 1, 2006 Share Posted November 1, 2006 What exactly constitutes a legal document? Specifically, what about "release forms" that potential employees are asked to sign to allow background checks. I got one recently that said they could check my "standard and mode of living" and "general reputation" and a bunch of difuse sounding aspects of my life. Furthermore, they had a long paragraph in there saying I agree not to file any complaint or persue any suit against them if they misuse my information, libel or slander me (no kidding--it called that out), etc. etc. I always get background checks done as a part of my work (pretty standard for my field within IT) and don't have a problem with it (that is, when they check criminal, credit, employment, education). But this last form seemed outrageous to me. Is a form like this actually a legally binding document? I ended up crossing out the lines that I found unnacceptable and initialed/dated them. I was told that the company will not process anyone who changes this contract. I started to wonder if it really was a legal contract at all. Can one of you Legal Eagles help enlighten me here? Quote Link to comment Share on other sites More sharing options...
olyclimber Posted November 1, 2006 Share Posted November 1, 2006 don't have to be a lawyer to know that is total BS. unless you really need the job, tell them to stuff it. Quote Link to comment Share on other sites More sharing options...
catbirdseat Posted November 1, 2006 Share Posted November 1, 2006 Was there a line asking which discussion groups you belong to? Leave that one blank too. Quote Link to comment Share on other sites More sharing options...
archenemy Posted November 1, 2006 Author Share Posted November 1, 2006 don't have to be a lawyer to know that is total BS. unless you really need the job, tell them to stuff it. I already did that. But I'd really like to know more about the legal aspect of this. I looked up contracts and saw that there are three requirements of a legal document, and this document meets all three. But certainly I should never waive my right to a complaint if something is mishandled, no? And even if that doesn't preclude me from actually complaining afterwards, what about beforehand (as I did). Do I have any recourse about not having any say over this contract (if it really is one)? I was already hired on, I just refused bits and pieces of this paperwork? Where is Judge Judy when I need her? Quote Link to comment Share on other sites More sharing options...
jordop Posted November 1, 2006 Share Posted November 1, 2006 waiving the right to go after them if they libel you is the most grandiose case of simultaneous corporate asscovering and chestpuffing I have heard all morning Quote Link to comment Share on other sites More sharing options...
archenemy Posted November 1, 2006 Author Share Posted November 1, 2006 (edited) Actually, the company that does the search (and with whom I would have signed the contract) is COMSYS, a private company. But it is, indeed, asscovering at its most disgusting. edited for clarity: Comsys is the parent company Sterling is the background search company Edited November 1, 2006 by archenemy Quote Link to comment Share on other sites More sharing options...
cj001f Posted November 1, 2006 Share Posted November 1, 2006 I tired including a BJ clause in my latest hiring. Didn't go so well. Quote Link to comment Share on other sites More sharing options...
archenemy Posted November 1, 2006 Author Share Posted November 1, 2006 Maybe you don't give a very good one. Quote Link to comment Share on other sites More sharing options...
dt_3pin Posted November 1, 2006 Share Posted November 1, 2006 (edited) Mutual consent is key. If the parties do not agree to the material terms of the agreement, there is likely no contract. Your marked up version of the contract could potentially be considered a counter-offer. Edited November 1, 2006 by dt_3pin Quote Link to comment Share on other sites More sharing options...
archenemy Posted November 1, 2006 Author Share Posted November 1, 2006 Thank you--that is how I viewed it too. Is that unusual? Or do contracts often go through that process in an employee hiring process? I figure we negotiate everything else, why not that? Quote Link to comment Share on other sites More sharing options...
cj001f Posted November 1, 2006 Share Posted November 1, 2006 Maybe you don't give a very good one. would explain the lack of promotions. Quote Link to comment Share on other sites More sharing options...
catbirdseat Posted November 1, 2006 Share Posted November 1, 2006 Thank you--that is how I viewed it too. Is that unusual? Or do contracts often go through that process in an employee hiring process? I figure we negotiate everything else, why not that? Everything is negotiable. If they really want your services, they will agree to the terms as modified by you. Quote Link to comment Share on other sites More sharing options...
foraker Posted November 1, 2006 Share Posted November 1, 2006 I suppose it depends on the nature of the job they're asking you to do as well and who the client is. If it's a DoD or DoE contract job, then it's likely you'll have to suffer through having your life examined. If the job doesn't require a gov't clearance though I don't see why they should be allowed to pry. Not quite sure of the law though. But, hey, if you aren't guilty of anything it shouldn't bother you right? ;-) (NB, this is not an opinion I hold for those of you lacking a sarcasm gene) Quote Link to comment Share on other sites More sharing options...
cj001f Posted November 1, 2006 Share Posted November 1, 2006 If it's a DoD or DoE contract job, then it's likely you'll have to suffer through having your life examined. If the job doesn't require a gov't clearance though I don't see why they should be allowed to pry. Clearances (at least the lower ones) aren't nearly that invasive. You can get a temporary with not much more than a credit/criminal records check. Quote Link to comment Share on other sites More sharing options...
foraker Posted November 1, 2006 Share Posted November 1, 2006 Yeah, I was thinking more of the TS clearances and above. Quote Link to comment Share on other sites More sharing options...
KaskadskyjKozak Posted November 1, 2006 Share Posted November 1, 2006 What exactly constitutes a legal document? Specifically, what about "release forms" that potential employees are asked to sign to allow background checks. I got one recently that said they could check my "standard and mode of living" and "general reputation" and a bunch of difuse sounding aspects of my life. Furthermore, they had a long paragraph in there saying I agree not to file any complaint or persue any suit against them if they misuse my information, libel or slander me (no kidding--it called that out), etc. etc. I always get background checks done as a part of my work (pretty standard for my field within IT) and don't have a problem with it (that is, when they check criminal, credit, employment, education). But this last form seemed outrageous to me. Is a form like this actually a legally binding document? I ended up crossing out the lines that I found unnacceptable and initialed/dated them. I was told that the company will not process anyone who changes this contract. I started to wonder if it really was a legal contract at all. Can one of you Legal Eagles help enlighten me here? this is total BS. Quote Link to comment Share on other sites More sharing options...
archenemy Posted November 1, 2006 Author Share Posted November 1, 2006 Yeah, I was thinking more of the TS clearances and above. Yes, I have had to get a full FBI background check for the airport. But this is different. My issue is the company expecting me to give up my rights to complain if they do a shitty job or wrong me in some way. Quote Link to comment Share on other sites More sharing options...
KaskadskyjKozak Posted November 1, 2006 Share Posted November 1, 2006 Yeah, I was thinking more of the TS clearances and above. Yes, I have had to get a full FBI background check for the airport. But this is different. My issue is the company expecting me to give up my rights to complain if they do a shitty job or wrong me in some way. I'll bet it's not legally binding. But I'm no lawyer (thank God). Quote Link to comment Share on other sites More sharing options...
cj001f Posted November 1, 2006 Share Posted November 1, 2006 Yeah, I was thinking more of the TS clearances and above. They don't do the neighbor interviews like they used too (no budget) Quote Link to comment Share on other sites More sharing options...
archenemy Posted November 1, 2006 Author Share Posted November 1, 2006 Did they used to do that? Crazy. I understand they don't really do that, but that's just more reason why that should not be included in something they ask people to sign. I am surprised by how often I have to repeat that a background check is not a problem. Agreeing that I won't take action against a company that misuses my information is what I find unacceptable. If the form is not legally binding, then why require it? And why put people in an ethical bind by asking them to agree to something via a signature when they don't agree with the statement? Doesn't that seem wrong? Quote Link to comment Share on other sites More sharing options...
Dechristo Posted November 1, 2006 Share Posted November 1, 2006 They want to know of your willingness to be owned. Quote Link to comment Share on other sites More sharing options...
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