Legal Question in Constitutional Law in North Carolina

Employment Applications

The employment forms state that in the course of a employer's background check, that you, the applicant ''hereby release the Company from any liability as a result of such contact.'' Does this mean that you are forfeiting your Right to Trial, which is the Sixth Constitutional Amendment? If not, then can you please explain what it does mean? I have been to several state and Federal agencies, and not one can interpret this clause? If you can not, can you please refer me to a source that can answer this question?


Asked on 2/03/09, 11:54 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Employment Applications

If you sign the contract, you are agreeing not to sue the potential employer for contacting your references, former employers, etc. as part of its background check, or for any harm that you may suffer as a result of such contacts. That means you will be giving up more than just your right to a trial; you will be giving up your right to sue this company at all.

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Answered on 2/03/09, 4:18 pm


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