Can I be fired from my job for refusing to send my SSN over the internet to an outside company to do a driving record check?

UPDATED: Oct 13, 2011

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Can I be fired from my job for refusing to send my SSN over the internet to an outside company to do a driving record check?

Been with the same company for several years. Recently my company has changed the service they use for MVR checks to drive our company vehicles. This new company requires us to transmit our Social Security Number over the internet so they can check our driving records. I don’t mind giving my driver license number but feel very uneasy about sending them my SSN. My company has said that I can be terminated because without my SSN they can’t do a MVR check. This is not true as they have done them in the past. Can I be fired for refusing to give my Social Security Number when they could get this information with my drivers license number instead?

Asked on October 13, 2011 under Employment Labor Law, New York


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Actually you can be fired for this reason, any other reason, or no reason at all. In an at will employment relationship (and most are), an employer has a great deal of discretion in setting the termd and conditions of the workplace. In fact, it can terminate an employee without cause and without notice. So while you can refuse to supply your SSN, or employer can discharge you if you do. It is perfectly permissible.

All of the above holds true unless this violates your employer's own company policy, this action is prohibit by an employment contract or union agreement, or there is some form of actionable discrimination involved.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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