What is the name of your state (only U.S. law)?I work for a Defense Company where Polygraphs are required. The company does not give the Poly, the Government gives the Poly. I have easily taken them before, but the last 2 Polygraphs, I had anxiety and panic attacks before, during and after. I have nothing to hide, but the polygrapher was accusing me of things the whole test. They called me in for a third Polygraph but this time it was all about Life Style questions. I answered the questions beforehand however I refused to answer them when I was hooked up. It felt like my civil rights were violated. After all the arguments, they decided to debrief me and now I am getting laid off. I am Asian-American. I did not bring up the race card. I did bring up I have a panic attack/anxiety disorder. They didn't seem to care. I did sign a bunch of papers about legal issues because I just wanted to get it over with and out of there. Also I am not getting a severence package because I could not maintain my clearance, which is a company policy. Do I have a legal case?
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I refused to take third Polygraph in six month and now I am getting Laid off.
- Thread starter rojo2
- Start date
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justalayman
Senior Member
they didn't care because it was accounted for.
for what?
did you have any sort of contract?
Proserpina
Senior Member
I live in California.
Race and disability discrimination. Pain and suffering. PTSD disability.
Proserpina
Senior Member
Do you have a contract or CBA?
I do not have a contract. I was employed by the company and they have the contract with the government.
quincy
Senior Member
The following is a link to the Employee Polygraph Protection Act (and it includes additional links to information you will want to review): http://www.complianceassistance.us/Polygraph_Protection.php
And here is a link to a University of North Carolina overview of the laws that apply: http://studentlegalservices.web.unc.edu/legal-resources/legal-topics-index-2/polygraph-tests/
Proserpina
Senior Member
Oh come on now. You don't get to play those cards.
I love the info quincy provided, but I have a different take.
While certain things are not allowed in the legal sense, I'd bet my last Rolo that the company has another 100 ways of covering their backsides if they want to get rid of you.
You don't get to get fired, and then scream "I have a disability, I'm protected." You just don't.
quincy
Senior Member
I apparently skipped over rojo's state identification post.
The N.C. link I provided is not as applicable to rojo as a California one would be, as California's law on employee polygraph testing is more restrictive in some ways than that of the EPPA. Although I don't have a California link* on hand, I could post back later with one if rojo is interested - that is, if he isn't aware of the laws that govern testing already. Employers who use polygraphs are required to post the law in a conspicuous place, and I imagine the "legal issues" papers he signed went over the testing pretty thoroughly (and he could have requested copies of all of these papers).
*California Labor Code §432 et seq (specifically §432.2): http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=430-435
The N.C. link I provided is not as applicable to rojo as a California one would be, as California's law on employee polygraph testing is more restrictive in some ways than that of the EPPA. Although I don't have a California link* on hand, I could post back later with one if rojo is interested - that is, if he isn't aware of the laws that govern testing already. Employers who use polygraphs are required to post the law in a conspicuous place, and I imagine the "legal issues" papers he signed went over the testing pretty thoroughly (and he could have requested copies of all of these papers).
*California Labor Code §432 et seq (specifically §432.2): http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=430-435
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FlyingRon
Senior Member
This is almost certainly a federal background check. These are exempt from the polygraph laws that apply in the various states (or even to other federal instances).
In fact, the security clearance process is entitled to delve into your medical and psychiatric records and those personality disorders are grounds to deny you.
If you can't get the required security clearance, it's unlikey that the employer will be required to keep you.
In fact, the security clearance process is entitled to delve into your medical and psychiatric records and those personality disorders are grounds to deny you.
If you can't get the required security clearance, it's unlikey that the employer will be required to keep you.
commentator
Senior Member
Since they are kind enough to "lay you off," albeit with no severance (which they are in no way required to provide) you need to file as soon as the job ends for unemployment benefits. Say only that you were laid off, NOT that you were fired for yada yada yada and they have violated your rights, etc etc. The unemployment system isn't interested. But since the company has said they have no more work for you, you should be able to get approved for unemployment benefits, which is your only recourse while you look for a job that does not require you to take polygraphs, which apparently you have some sort of mental issue with.
You were one of those millions of workers out there who assumed there were all sorts of rights and privileges and protections in the law that you didn't really have. They are obviously not firing you because you are Asian American, which might violate the EEOC provisions of labor laws. they are letting you go because you can't keep your security clearances up as required because you don't like to take polygraphs.
You were one of those millions of workers out there who assumed there were all sorts of rights and privileges and protections in the law that you didn't really have. They are obviously not firing you because you are Asian American, which might violate the EEOC provisions of labor laws. they are letting you go because you can't keep your security clearances up as required because you don't like to take polygraphs.
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FlyingRon
Senior Member
And I should point out that multiple polygraphs are NOT uncommon. The fact that they are giving you a second (or third) chance rather than outright denying you is an accommodation. I can tell you that on my initial, I failed...but so did everybody else tested that day (our joke was the examiner must have had a hard seat on the bus out from Washington). We passed fortunately the second time around.
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