can I opt out of using a fingerprint scanner to clock in and out of work?

UPDATED: Sep 30, 2022

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can I opt out of using a fingerprint scanner to clock in and out of work?

My workplace just got a fingerprint scanner for clocking in at work. They haven’t installed it yet. I really do not want to use this technology. What can I do to opt out of this without getting fired?

Asked on January 7, 2017 under Employment Labor Law, Wisconsin


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

Answered 5 years ago | Contributor

No, you cannot. That is unless you have protection under the terms of an applicable union agreement or employment contract. Also, such an action must not be based on some form of legally actionable discrimination or retalaition (which it's not). Otherwise, as an "at will" worker, your company can set the condtions of employment much as it sees fit. For your part, you can either comply and use this scanner, complain but risk termination, or quit.

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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