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I went to my lawyer yesterday and he sent them a lovely little letter and well by this morning I received a call letting me know my three checks would be there Monday!
As for the polygraph form they make employees sign I am still trying to see if there is some way I can take that trial.
Thank you everyone for your help.
Posted by: gary davis Posted on: Feb 19th, 2009 at 3:08am
It seems to me your former employer is in clear violation of the EPPA. I strongly recommend you file a complaint with the Dept of Labor. they also can not withhold your check.. they can sue you to recover damages but that requies a filing. you should contact a labor lawyer and tell them nothing
gary dvis
Posted by: Stacey Posted on: Feb 18th, 2009 at 3:17pm
The form that they have us sign is a partial of the EPPA law but makes it sound as though it is beneficial to the Employer not the Employee. I've read and reread that form and the EPPA law. They use bits and pieces from it.
I will be talking to a lawyer today to see what can be done about this Employer.
Thank you for your help.
Posted by: George W. Maschke Posted on: Feb 18th, 2009 at 6:23am
You are right to be upset. While I am not a lawyer, I think that your late employer is in clear violation of federal labor law. The Employee Polygraph Protection Act (EPPA) of 1988 prohibits employers from discriminating in any manner against an employee who refuses to take a lie detector test. And you would be wise to refuse. Polygraphy has no scientific basis and it is common for truthful persons to wrongly fail.
In addition, Section 2005(c) of the EPPA prohibits the waiver of rights that the employer is forcing employees to sign.
Perhaps it will be enough to inform your employer about the law, as they seem to be unaware of it. If that is insufficient in persuading them to do the right thing, then you might consult an attorney who practices labor law. Martindale's "Lawyer Locator" service allows you to search by geographic location and practice area:
A letter from your lawyer would likely be enough to gain your late employer's compliance, as their violation of the law is blatant, and they face the prospect of significant damages if you were to take them to court.
Posted by: Stacey Posted on: Feb 18th, 2009 at 4:53am
I quit my job on Friday only to find out on Monday that my check was being withheld until I took a polygraph test. They are saying that an employee of mine, I was the store manager, told them that I stole two items and that I sold other ones, basically, under the counter for cash. Which I never did. They won't pay me my check and they owe me three checks now. I was wondering if as a former employee can they still administer a polygraph test with reasonable doubt? Even if the doubt is from an employee who has been arrested three times at the business? I mean he really isn't a reliable source and before I quit they told me that they knew he and two other guys were in on stealing items and reselling them. All three of them have records. What would be a good way to handle this situation.
Also, they make every new employee sign a form stating they have waived their right to not take a polygraph test and if they do refuse or fail that they will fire said employee. Is that legal?
Sorry for being long-winded I just really am upset by these turn of events.