That pretty much sums it up.. we don't want any dishonest people in our office. Someone stole $100 from one of the girls' purses today, and we want to polygraph all of the employees that were there during that shift. Is this legal? What if someone refused?
2007-11-08 09:20:15 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
No. It is illegal to polygraph employees unless specific conditions are met. Theft is not one.
See http://www.dol.gov/compliance/guide/eppa.htm Employee Polygraph Protection Act of 1988 (EPPA).
You can not even ask them to take a test, that also violates the law.
2007-11-08 09:31:37 · answer #1 · answered by davidmi711 7 · 1⤊ 1⤋
Not that I condone what took place regarding the theft of the girls money from her purse, but it is rather silly to leave that much money in a purse in an office in the first place. I know the ideal would be that all people would be honest, but that is not a reality. I asked someone once had they ever stolen a pen from their workplace and they said it's not the same thing, well in fact stealing is stealing regardless. And to answer your question it is not legal to submit any employee to a polygraph test without their express permission. I think the best thing to do is to let people know that money has been stolen and that all employees must safeguard their own personal property while they are at work.
2007-11-08 09:47:54 · answer #2 · answered by Dr Paul D 5 · 0⤊ 1⤋
You should refer to the Polygraph Protection Act before doing anything. There are specific guidelines that limit who you can test and the circumstances. The employee has specif rights that need to be respected. You can face a fine if you're not careful.
2007-11-08 09:32:08 · answer #3 · answered by Anonymous · 1⤊ 0⤋
That kind of stuff needs to go through the cops and the courts and if they think it's necessary, they will do it.
Install lockers in the office so people can properly protect their property. Lockers will be a lot cheaper then giving everyone a polygraph and you will probably not have to hire more people after they all quit.
2007-11-08 09:25:23 · answer #4 · answered by Anonymous · 1⤊ 1⤋
Polygraph results are not accepted in courts of law as proof of guilt. Consult your attorney to see what your legal rights are.
2007-11-08 09:24:20 · answer #5 · answered by curtisports2 7 · 0⤊ 1⤋
It all depends upon what your company policy satates. If you have it in the company policy, okay. If it is noy covered there, you cannot just make an arbitrary rule governing this procedure?
Have you checked with your Human Resources dept about it?
A Human Resources manager would know the Federal guidelines on this, to keep you from being sued.
2007-11-08 09:28:55 · answer #6 · answered by Anonymous · 0⤊ 1⤋
You can certainly ask. The employee has every right to decline...and you can't fire him for declining.
Polygraph tests are notoriously unreliable...that's why they are allowed to be used in courts. They are not reliable at all.
2007-11-08 10:49:57 · answer #7 · answered by Anonymous · 0⤊ 1⤋
No. The police don't have the right to do it either. You must willingly submit to one. No one can ever be legally forced to take one.
2007-11-08 09:25:08 · answer #8 · answered by BROOOOOKLYN 5 · 1⤊ 0⤋