The EPPA Law regarding your inquiry.  Key words are "reasonable suspicion, ongoing investigation and economic loss".   Also the employer must furnish you with a written statement that specificaly details the reason for their "Reasonable Suspicion" that you were in some manner involved in their economic loss.  Please consult the attorney in your area that handles labor cases.  They will inform you what you should do.   


(d) Limited exemption for ongoing investigations 
Subject to sections 2007 and 2009 of this title, this chapter shall not prohibit an employer from requesting an employee to submit to a polygraph test if - 
(1) the test is administered in connection with an ongoing 
investigation involving economic loss or injury to the employer's 
business, such as theft, embezzlement, misappropriation, or an 
act of unlawful industrial espionage or sabotage; 
(2) the employee had access to the property that is the subject 
of the investigation; 
(3) the employer has a reasonable suspicion that the employee 
was involved in the incident or activity under investigation; and 
(4) the employer executes a statement, provided to the examinee 
before the test, that - 
(A) sets forth with particularity the specific incident or 
activity being investigated and the basis for testing 
particular employees, 
(B) is signed by a person (other than a polygraph examiner) 
authorized to legally bind the employer, 
(C) is retained by the employer for at least 3 years, and 
(D) contains at a minimum - 
(i) an identification of the specific economic loss or 
injury to the business of the employer, 
(ii) a statement indicating that the employee had access to 
the property that is the subject of the investigation, and 
(iii) a statement describing the basis of the employer's 
reasonable suspicion that the employee was involved in the 
incident or activity under investigation. 

I got in touch with someone at our local labor office she told me they could not fire me for not taking the CVSA other than that she was not much help.

i called one local office they did not know what EPPa was tol me to call federal office who in return told me to call local office a great system we have in these here United states.
Besides whatever happen to innocent UNTIL proven guilty. They have no idea what happen to the money that is why they have come up with this crappy joke of a test hoping they can catch someone being a little dishonest and pin it on them

darkcobra2005 wrote on May 17^th, 2005 at 3:18am:

Even if it is the police who request the lie detector "test," the EPPA still prohibits the employer from taking any action against the employee for refusing to submit to the "test."

Quote:

Since neither voice stress analysis nor polygraphy have any scientific basis to begin with, there is no compelling reason to prefer one over the other. Anyone suspected of a crime would be wise to refuse to submit to such pseudoscientific nonsense.

Quote:

I agree, with the addition that it doesn't matter what kind of lie detector is used (CVSA or polygraph): anyone suspected of a crime would be wise to refuse. As used by police, the "test" is often little more than a pretext for interrogating a suspect in the absence of legal counsel.

Jeffery asked why one should refuse the lie detector in a "respectful manner." The reason is simple: when one is wrongly suspected of a crime, antagonizing the police is not likely to help to clear one's name. I think one can explain that one knows that lie detectors are junk science and still be polite.

Googlybear,

By telling you that the lie detector "test," was mandatory, your employer violated the Employee Polygraph Protection Act. Pillpopper is right; you need a lawyer.

what you need is a lawyer, not this forum.

Not sure no charges have been filed I know they filed a report or asked for advice the police will not conduct the cvsa it is a county office or something officer said all he could ask was would i consider it but that he could not make me take it I just don't understand alot of it and I don't believe these stupid machines are the answer

Darkcobra makes a valid point:

Quote:


This point is very true.  Also, the point that you can simply refuse the test either way no matter who initiates the request.  I have been advising based on the information you have written, which is the test is at the request of your employer.  Any scientific study of CVSA refutes the claims of its manufacturers.  I imagine (if I am incorrect please correct me) that the police involvement is at the request of your employer since they have the equipment to administer this farce.  That is no matter, make them do the investigative work necessary to determine who stole the money.

Do you know if your employer has filed a criminal complaint?  Or, has everything remained "in-house?"

darkcobra2005 wrote on May 17^th, 2005 at 3:18am:


Why respectful?

The police just now questioned me today he said he could ask but not insist and that it would clear my name. whatever. My employer says it was not the police who want it but my employer I was asked by my employer what I has said to the investigator and what he had said to me. Thats when I was told it was mandatory

Yes I did and thank you for that hook up.It's just that they have us all goin crazy and pointing fingers. I don't believe these test can tell if a person is lying that is something only God knows. This company has had me hide deposits when another manager left them out has had me make the safe short on purpose when the other manager did not sign off on the safe when she left for the day. My opion was since there was 3 of us in charge of the safe that day it should be paid back by the 3 of us. But... they won't listen they say the makes them believe your admiting to guilt. that is not the case I am admitting to not taking the deposit to the bank first thing in the morning and leaving it in the store for some one else to take.

Quote:


You are correct in that the police will probably point a bigger finger at you.  However, that will cause them to thoroughly investigate which should exonerate you.  Let them do it.  You may ask your boss if he has an extra 10 grand lying around that he wants to pay in fines.  The law states that because the money is missing your employer can  request that you submit to a dectection deception test (CVSA, polygraph), however it does not state that you must do so.  If you are forced you will also be entitled to initiate litigation which you would surely win.  Refusal does not mean jail time.  They have no evidence, otherwise they wouldn't be making such a ridiculous request.

Did you have a chance to print the above references article and EPPA.  You may want to do so if you have not.

ok ya'll help me today the investigator came from our local police dept.came got my statement said he could ask me to take the cvsa.That I could refuse and that would point a finger at me. then my boss goes on to tell me I HAVE to take it because money is missing so law requires that I take it. And that there is nothin I can do take it or be sent to jail. I am so stressed I did not take the money I hate this job and am so ready to quit I am just worried about the legal issues if I do not take this damn thing. HELP PLEASE

I would find a way to document what gets said. have some evidence if they try to take action against you if you refuse their assinine test.

Thanks to all I am a single mother raising my children I do not need my reputation ruined by this crappy test.I have never been in a situation like this before and I appreciate everyones input so off I will go to work today to tell them that I am not taking this joke of a test. If push comes to shove they can have my keys and I will find employment else where

Quote:


That was more of a tongue-in-cheek suggestion.  I would never seriously advise someone to reply in such a manner.  Although, by simply requesting such an arbitrary exercise in futility the employer is deserving of such a response.   

Brandon,

Actually, it would be inappropriate to use profanity in refusing to submit to a lie detector "test" proferred by one's employer. While no adverse action may be taken for refusing the "test," using such disrespectful language could be considered independent grounds for such action. In this situation, it's important to be polite if one wants to keep one's job.

Googlybear,

The maker of the most widely used voice stress test has recently admitted in court that the device is not capable of lie detection. You may wish to bring a printout of the following message thread:

http://antipolygraph.org/cgi-bin/forums/YaBB.pl?board=cvsa;action=print;num=1099...

By refusing to take this joke "test" you will probably cause them to look more closely in your direction.  However, in doing so legitimate investigation will be necessary, thus clearing your name.  You do not HAVE to allow yourself to be subjected to the "test."  As a citizen you have rights which are for your protection.  Exercise those rights.

I also just found an article in a St. Louis newspaper about CVSA.  The link is quite lengthy.  You can find it by going to news.google.com.  Type in "polygraph."  Sort by date.  Scroll down and you will see a story about CVSA.  Print it out and take it with you as well.

You could also respond in a manner recently suggested to me on such matters by saying, "F**k you *sshole.    

Under the EPPA, while in certain situations an employer may ask an employee to submit to a lie detector "test," the employee is under no obligation to submit to any such "test." It is against the law for the employer to take any adverse action against an employee for exercising his right to refuse the "test." If your employer fires you for refusing, he opens himself to a lawsuit that could cost him dearly.

if  I understand it right I have to take it because money was stolen or do I have to ask them to provide more proof as to why I should take it. Its my reputation at stake not theirs I am not leaving my fate in the hands of a piece of equipment. What happens when I refuseAm i automaticly considered guilty.

Here's a link:

http://www.fas.org/sgp/othergov/polygraph/eppa.html

Enjoy!

would you happen to know where I can print that up because today at work its we Have to take it then it will be decided by law enforcement as to what will happen that as long as money was stolen they have a right to pursue with the cvsa I don't see how they can do it but... or is it just empty threats

Perhaps you should print a copy of the Employee Polygraph Protection Act and kindly provide your employer with a copy.  Our nation does have labor laws as do many individual states.  Remeber you do not have to submit and you cannot be forced to do so.

its just all weird no investigation nothing justgo take these voice stress analyses they never talked to any one.my family was under the impression that if I refused that automaticaly made me guilty there are no cameras or anything they have always been real slack about the money, safe,etc

Refuse.  A CVSA is not going to prove anything.  Your employer cannot force you to take such a test.  That would be a violation of the law.  They also cannot take adverse action on your employment for refusing.  Again, that would be a legal violation.

There was some money to come up missing at work. the money was in the safe when I left. I had to drive to hours to another store. any how another manager verified that the money had been in the safe. It took them 3 days to figure out that the money was never deposited.5 days before they reported it and now 3 weeks later to decide we have to take this stupid voice thing how can they make me take it when I was not there when the incident happened. I would quit this crappy job but my family says that would make me appear guilty. any ides