polograph

[jwoodruff]

What is the name of your state (only U.S. law)? TX

There is some money missing from where I work. They are telling me I have to take a polygraph test. Can they force me to take it?

[JETX]

Originally Posted by jwoodruff

There is some money missing from where I work. They are telling me I have to take a polygraph test. Can they force me to take it?

No. However, they can terminate you if you refuse.

[cyjeff]

No.

However, they are legally allowed to fire you if you don't.

Have all of these points been followed?

The incident must be an ongoing, specific investigation.

It must be an identifiable economic loss to the employer.

Obtain a copy of the Employer Polygraph Protection Act of 1988.

Provide the employee with a written statement that includes:

identification of the company and location of employee
description of the loss or activity under investigation
location of the loss
specific amount of the loss
type of economic loss

how the employee had access to the loss Note: access alone is not sufficient grounds for polygraph testing

what kind of reasonable suspicion there is to suspect the employee of being involved in the loss

The Statement provided to employee MUST be signed by someone other than the polygraph examiner, who is authorized to legally bind the employee, and MUST be retained by the employer for at least 3 years.

Read the Notice to Examinee to the employee, which should be signed, timed, dated and witnessed.

Provide the employee with 48 hours advanced notice (not counting weekends or holidays) to the date and time of the scheduled polygraph test.

Provide employee with written notice of the date, time and location of the polygraph test, including written directions if the test is to be conducted at a location other than at the place of employment.

Maintain a statement of adverse actions taken against the employee following a polygraph test.

Conduct an additional interview of employee prior to any adverse action following a polygraph test.

Maintain records of ALL of the above for a minimum of 3 years.

Employees may not waive their rights.