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fireanicz

Legal or not?

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OK, so here's my story. Applied for FID card change of address and 2 purchase permits on Jan 7th 2013. My references received their letter on Feb 2nd, filled out and sent to PD today. My work received verification of employment with a bunch of other questions which I feel is total BS. So now, is the below legal to send to an employer when asking to verify employment? My thinking is they should only be asking to verify if I am employed or not and nothing more.

 

Here are the questions they asked my employer to answer:

 

1)Has the applicant ever been convicted of a crime?

2) Is the applicant an alcoholic?

3)Is the applicant a habitual drunk?

4)Is the applicant a narcotics user?

5)Does the applicant suffer from any physical defect or illness?

6)Has the applicant ever committed an act of domestic violence?

7) Has the applicant ever been confined to a mental institution?

8) How many years have you know the applicant?

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OK, so here's my story. Applied for FID card change of address and 2 purchase permits on Jan 7th 2013. My references received their letter on Feb 2nd, filled out and sent to PD today. My work received verification of employment with a bunch of other questions which I feel is total BS. So now, is the below legal to send to an employer when asking to verify employment? My thinking is they should only be asking to verify if I am employed or not and nothing more.

 

Here are the questions they asked my employer to answer:

 

1)Has the applicant ever been convicted of a crime?

2) Is the applicant an alcoholic?

3)Is the applicant a habitual drunk?

4)Is the applicant a narcotics user?

5)Does the applicant suffer from any physical defect or illness?

6)Has the applicant ever committed an act of domestic violence?

7) Has the applicant ever been confined to a mental institution?

8) How many years have you know the applicant?

 

If my understanding is correct your employer cannot answer those questions without opening themselves up to liability. It was always my understanding that your employer could only provide a confirmation of employment, nothing more. I was prohibited by our legal department at my former employer from responding to employment verifications. They had to be forwarded to HR and they were only allowed to provide confirmations, under strict instructions not to answer any other type of inquiry.

 

I actually postponed sending in my last application for permits because Toms River wanted to send an employment verification to my employer at the time and they were in hyper sensitive mode getting ready to clip something like 1600 people, including me. I didn't want one of the HR bliss-ninnies doing something stupid so I waited to submit the application until after my termination date.

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Yes, that's a good question, what if you don't work outside the home?

 

I have always been advised by legal counsel to never, ever, answer questions about current or former employees other than hire-fire dates.

 

Way off the reservation.

 

 

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Firmly entrenched in middle management of a worldwide firm, I can tell you that there is absolutely no way our HR or Legal Depts would permit answering of those questions concerning an employee. That is not employment verification and we would not expose ourselves to the liability. The clean way to handle this, IMO, would be to have your HR Department draft a couple sentence letter attesting to your current employment status and date of hire and send that to the PD in lieu of those questions. I suspect someone got the standard paperwork criss-crossed and sent a personal reference questionaire to your employer instead. Otherwise, they are very much uniformed about a series of law, or sly like foxes.

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Firmly entrenched in middle management of a worldwide firm, I can tell you that there is absolutely no way our HR or Legal Depts would permit answering of those questions concerning an employee. That is not employment verification and we would not expose ourselves to the liability. The clean way to handle this, IMO, would be to have your HR Department draft a couple sentence letter attesting to your current employment status and date of hire and send that to the PD in lieu of those questions. I suspect someone got the standard paperwork criss-crossed and sent a personal reference questionaire to your employer instead. Otherwise, they are very much uniformed about a series of law, or sly like foxes.

 

My question would be do those laws apply in this circumstance? If the PD is using the employer as a reference (unlawfully, mind you), it's not a simple employment verification, it is part of an investigation.

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Stop giving towns too much credit. Some towns will be strict with the compliance to the law, ie, what they require.... other towns will go OUT OF THEIR WAY to prevent you from getting a gun... ie Jersey City and a few others.

 

Half of those towns just don't know what they can or cannot do. Once again... Jersey City required your employer to write a letter stating why you should own a gun.

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I agree no issue with asking a personal reference, but work? My job was cool about it. Just very annoying.

 

Sounds like they are using e blanker questionairre...ALL they are supposed to do as far as work is concerned is verify your employment. "This is XYZ Police Dept, Mr Fireanicz states that you are his employer, we are just verifying that information, thank you"

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Totally illegal under 2C:58-3,f which states, in part:

There shall be no conditions or requirements added to the form or content of the

application, or required by the licensing authority for the issuance of a permit

or identification card, other than those that are specifically set forth in this

chapter.

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Firmly entrenched in middle management of a worldwide firm, I can tell you that there is absolutely no way our HR or Legal Depts would permit answering of those questions concerning an employee. That is not employment verification and we would not expose ourselves to the liability. The clean way to handle this, IMO, would be to have your HR Department draft a couple sentence letter attesting to your current employment status and date of hire and send that to the PD in lieu of those questions. I suspect someone got the standard paperwork criss-crossed and sent a personal reference questionaire to your employer instead. Otherwise, they are very much uniformed about a series of law, or sly like foxes.

 

I don't believe that the forms were crossed, it actually listed the same questions as the personal reference letter they sent out. In addition it asked for length of employment and the HR persons title and signature. As I said the HR person did not have an issue with it, but I was surprised when they told me what the questions were. At this time I'm not going to raise an issue with the PD as I believe I may be in the home stretch of getting my FID and permits. Both reference letters and employment verification went out at the same time. Currently I'm at 28 days and don't want to start some sh*t with them until and if they drag there asses on my FID and permits. We'll see what happens.

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