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Polygraph?

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Dynamicstand

Junior Member
What is the name of your state? St. Pete Florida..I have worked for a family for twelve years. I clean their home. About a week ago they were out of town and their house was robbed. A P.C and cash was stolen. I am now a suspect. It didn't happen during my hours of work. Their son and friend were there for the weekend but apparently were away during the robbery. I have been asked to take a polygraph test. I have no fear of my innocence but after reading about the test I am worried. 60 minutes did a piece where four polygraph testers were set up to test people accused of a crime. Each tester was told that a suspect was a person of interest to this employer. There were a total of FOUR employees, each one did not pass the test. Each tester was from a different company. The horror stories run deep on polygraphs. I also found out that if you pass you are still a suspect and if you don't all hell breaks loose. I will lose everything if accused of something I didn't do. I CANNOT afford an attorney. What should I do? PLEASE HELP.:(
 


seven53

Member
I have taken two Poly's (job related) and both ended as I had expected them to. It's just a tool, not the definitive answer to the question at hand. The truth shall set you free!
 

ShyCat

Senior Member
Relax. You really believe those 60 Minute people weren't trying to get "caught"? There's no story if all four passed, right? All they had to do was fidget, change breathing, etc. when answering a question, which the polygraph measures and can be interpreted as a "lie" when in fact the answer is truthful.
 

quincy

Senior Member
I share your concern over the use of the polygraph test. There are high error rates and a lack of standards for administering polygraphs. No defendant or witness can be forced to undergo the test as courts have held that the 5th Amendment privilege against self-incrimination applies to the taking of a polygraph. The refusal to take one cannot be used against the person.
The National Academy of Science (NAS) in 2003 issued a report that found the majority of polygraph research was of low quality and no scientific study has been published that offers convincing evidence of the validity of the test.
On October 30, 2006, the Department of Energy eliminated the use of polygraph testing for screening applicants, which is consistent with Intelligence Community practices and more in line with the NAS's recommendations. The Department of Justice "opposes all attempts by defense counsel to admit polygraph evidence...they do not, by themselves, indicate deceit..Given the present theoretical and practical deficiencies of polygraphs, the government takes the position that polygraph results should not be introduced into evidence at trial..." (Department of Justice Department Policy)
I also do not believe that 60 Minutes faked their story.
 

fairisfair

Senior Member
I have to agree with Quincy, there are all kinds of reasons NOT to submit to a polograph test. And all kinds of failures with regard to the test itself.

However, the poster's question was "what should I do?" And no one here can answer that question.

Even if the poster takes and PASSES the polygraph test, there is nothing to stop her/his employer from terminating the employment regardless of the results.
 

quincy

Senior Member
fairisfair - Couldn't Dynamicstand exercise his 5th Amendment right and refuse to take the polygraph, then file a wrongful termination suit against his employer if he was fired?

I would think after 12 years of employment, Dynamicstand, that your employers would trust you more than this. I personally would not take the polygraph.
 

fairisfair

Senior Member
fairisfair - Couldn't Dynamicstand exercise his 5th Amendment right and refuse to take the polygraph, then file a wrongful termination suit against his employer if he was fired?

I would think after 12 years of employment, Dynamicstand, that your employers would trust you more than this. I personally would not take the polygraph.
Based on what? Florida is a right to work state, the employer may terminate the employment for any reason or for no reason, so long as the reason is not illegal. The poster has not mentioned that there is any type of illegal discrimination happening here.

My personal stand? I agree, I would not want to work for someone who thought that I was a thief.

If I wasn't, because it would be insulting.

And if I was, because if would be harder to steal .

(oh, and of course I am kidding about that, I just can't be good! what is wrong with me?? LOL)
 

gawm

Senior Member
Their son and friend were there for the weekend but apparently were away during the robbery.
I wonder if they are going to ask their son or his friends to submit to one? There is really no good reason for you to submit to one. Whether you did it or not, it would hurt you more than help you.
 

BoredAtty

Member
Based on what? Florida is a right to work state, the employer may terminate the employment for any reason or for no reason, so long as the reason is not illegal. The poster has not mentioned that there is any type of illegal discrimination happening here.

My personal stand? I agree, I would not want to work for someone who thought that I was a thief.

If I wasn't, because it would be insulting.

And if I was, because if would be harder to steal .

(oh, and of course I am kidding about that, I just can't be good! what is wrong with me?? LOL)
LOL.

Once again, I agree with fairisfair. The OP is an at-will employee and can be fired. Also, there is no 5th Amendment issue here.
 

quincy

Senior Member
Wouldn't this be covered under the EPPA, even with at-will employment?
The Act permits polygraph testing of employees who are REASONABLY suspected of involvement in theft or embezzlement or other workplace incident that caused economic loss or injury to the employer.
If you were not working at the time, I am not sure you can be REASONABLY suspected. Especially since you have worked for this employer for 12 years without incident (this part I am assuming).
The attorneys here will correct me if I am wrong.
Where polygraph exams ARE allowed, they are subject to strict standards. The pre-testing, the testing and the post-testing must be done by a licensed and bonded examiner or have professional liability coverage.
I would not take one.
 
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BoredAtty

Member
Wouldn't this be covered under the EPPA, even with at-will employment?
Good question, but I doubt it applies in this case.

From briefly skimming the Act, I see that it only applies to employers engaged in or affecting interstate commerce (which makes sense since it's a federal act). Also, there is an exemption if the test is given pursuant to an ongoing investigation involving economic loss.
 

fairisfair

Senior Member
Good question, but I doubt it applies in this case.

From briefly skimming the Act, I see that it only applies to employers engaged in or affecting interstate commerce (which makes sense since it's a federal act). Also, there is an exemption if the test is given pursuant to an ongoing investigation involving economic loss.
and even if this did apply, she/he is going to face the burden of proof that her/his refusal was in fact the reason for her/his termination, and not just the fact that she/he wore a blue shirt, or that the employer just got tired of her/him.
 

BoredAtty

Member
and even if this did apply, she/he is going to face the burden of proof that her/his refusal was in fact the reason for her/his termination, and not just the fact that she/he wore a blue shirt, or that the employer just got tired of her/him.
...or that the employee was a suspected thief. ;)
 

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