Opinion Piece: The Rights of Notaries Beyond the Employer’s Realm

In recent years, more and more employers have provided notary commissions and stamps for their employees as part of their job roles. While this can be a helpful perk, it raises an important question about the rights and limitations of notaries outside the workplace. Specifically, can an employer dictate that you cannot perform notarizations outside of your job because they purchased your notary commission and stamp? They should not have that control.

The Role of a Notary Public

A notary public is a public official appointed by the state to serve the public as an impartial witness in performing various official fraud-deterrent acts related to signing important documents. This role is deeply rooted in the principles of impartiality and public service. When you become a notary, you are entrusted with significant ethical and legal responsibilities, not just to your employer but to the public.

Employer’s Control Over Notary Services

Employers often have a vested interest in having a notary on staff. It can streamline business operations, save time, and reduce costs associated with notarizing documents. However, when an employer pays for your notary commission and stamp, it does not equate to ownership of your notarial acts beyond the bounds of your job responsibilities.

Ethical and Legal Boundaries

In many states, notaries are considered public officials, and as such, their commission and seal are personal to them, even if paid for by an employer. While an employer can set policies about notary services during work hours or using company resources, they generally cannot restrict your notarial acts outside of work.

Personal Liabilities and Responsibilities

It’s also crucial to consider a notary’s personal liability and responsibility. As the commissioned notary, you are responsible for the acts you perform, whether at work or outside of it. You must adhere to state laws and notarial procedures irrespective of who paid for your commission.

If your employer attempts to restrict your ability to perform notarial acts outside of work, they may impede your ability to fulfill your role as a public servant. This could lead to a breach of public trust and potentially legal consequences, as it undermines the notary’s duty to serve the public impartially and without undue influence.

The Importance of Independence

Independence is a fundamental aspect of the notary public’s role. A notary must remain impartial and independent to ensure the authenticity and reliability of notarized documents. Allowing an employer to control your notarial acts outside of work could compromise the independence of your position, potentially leading to conflicts of interest or biased notarizations, which is a risk we cannot afford to take.

Conclusion

In conclusion, while it is beneficial for employers to support employees in becoming notaries, this support should not extend to controlling their actions outside of the workplace. The role of a notary public is to serve the public impartially, and this duty cannot and should not be confined to the interests of a single employer. This is a principle we must uphold and defend.

Even when funded by employers, notarial commissions and stamps belong to the notary as a public official. Employers should respect the boundaries of this role, allowing notaries to perform their duties within and beyond the workplace without undue restriction.

Suppose you find yourself in a situation where your employer attempts to impose such restrictions. In that case, it is imperative to understand your rights and the laws governing notarial acts in your state. Upholding the integrity and independence of the notary public office is paramount—for both the notary and the public you serve.