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Topic Summary - Displaying 6 post(s).
Posted by: John (Guest)
Posted on: Jul 20th, 2001 at 11:28pm
  Mark & QuoteQuote
Concerned_wife, Your husband took three, that's right three polygraphs and flunked them all.  So who's lying.  He is.  You need to sit down with him and discuss those past drug issues.  Or you can take the easy way out and do as Gino has suggested.  Read "Lie Behind The Lie Detector" and see what counter measures your husband can use in an attempt to defeat the polygraph instrument.  Sorry, no sympathy here maam.
Posted by: George W. Maschke
Posted on: Jun 29th, 2001 at 4:06pm
  Mark & QuoteQuote
jordan,

I have a few more ideas:
  • If you are a member of a union, contact your union representative;
  • Find out what protections you may additionally have under the law of the state in which you work;
  • Start keeping a detailed log  of events (with names, places, times, dates), starting with the first mention made of polygraph testing employees. Keep any written memos that your employer may have distributed. Such a record will be of great value should you need to pursue legal action;
  • If you or any of you co-workers should decide (against my advice) to submit to a polygraph "test," then you should still protect your rights by refusing to sign any waiver of liability that your polygrapher may try to pressure you into signing.
Posted by: George W. Maschke
Posted on: Jun 29th, 2001 at 12:44pm
  Mark & Quote
jordan,

It sounds from your description that your employer is at risk of violating the Employee Polygraph Protection Act. Under Section 2006 of this law, private sector employers may only request that an employee submit to a polygraph "test" if:

Quote:

(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.


A vague suspicion that "someone" is stealing money does not seem to meet the above-described conditions. But even if it did, under Section 2007 employees have the right to refuse to be "tested," and that refusal cannot be made the basis for any adverse action.

Your employer is inviting a lawsuit if she goes through with her planned polygraph dragnet. You might care to mention this website to your co-workers. I recommend that you all download The Lie Behind the Lie Detector and discover for yourselves the trickery on which polygraph "testing" actually depends.

On a final note, although it's not a big deal, it would have been better for you to have started a new message thread on this topic. This is done by clicking on the "New Thread" button above the list of message threads.
Posted by: jordan
Posted on: Jun 29th, 2001 at 11:47am
  Mark & QuoteQuote
I dont know what to do!!!The owner of my workplace suspects someone is stealing money. She says all employees must take a polygraph test, to find out who the thief is. I am innocent, but I dont think I sould be subjected to this. I need your help!!!

                          thank you, jordan
Posted by: G Scalabr
Posted on: Jun 6th, 2001 at 10:09pm
  Mark & Quote
Concerned Wife,

Many people who are truthful during a polygraph are falsely branded liars by this unreliable pseudoscientific procedure.  According to a recent article in US News and World Report, even veteran polygraphers concede that the "test" has a 10-15% error rate.  More disinterested parties, including a majority of those in academia, place the error rate at 40% or greater (little better than the flip of a coin).

I suggest that you and your husband read our free book, The Lie Behind the Lie Detector, which is available in full at:
http://www.antipolygraph.org/pubs.shtml

It describes how the polygraph works (and doesn’t).

Chapter 5 deals with grievance procedures (how to make use of the limited appeal process available to those who "fail" polygraphs).  There is no way for me to guess how long the process will take with this particular department.  Your husband also may wish to consult with an attorney in your area who is knowledgeable in the area of employment law.

Lastly, please turn off CAPS LOCK.  Posts made in all capital letters are difficult to read.
Posted by: CONCERN_WIFE
Posted on: Jun 6th, 2001 at 8:22pm
  Mark & Quote
HI, MY HUSBAND APPLIED FOR A LARGE DEPARTMENT AND IT WILL BE TWO YEARS IN JULY. MY HUSBAND HAS A B.A. IN CRIMINAL JUSTICE AND A CLEAN RECORD. HE WENT THROUGH THE PROCESS AND RECIEVE A CERTIFICATION LETTER STATING THAT " CONGRATS, YOU PASSED ALL HIRING STEPS WITH OUR DEPARTMENT" AND GAVE HIM HIS ACADEMY DATE. WE WERE SO EXCITED HE WAS ON HIS WAY. THAN TWO WEEKS BEFORE HIS ACADEMY DATE HE RECIEVED ANOTHER LETTER AND SAID HE HAD AN APPT. FOR A POLYGRAPH. I WAS CONFUSED, WE THOUGHT HE WAS DONE. MY HUSBAND STATED WELL I HAVE NOTHING TO HIDE SO HE WENT. WELL HE WENT THROUGH 3 POLYS. THE FIRST ONE CAME BACK UNCONCLUSIVE ON DRUGS ISSUES. SO THE SAME DAY THEY GAVE HIM ANOTHER POLY AND THE POLYGRAPHER TOLD HIM HE DID NOT PASS. HE WAS SO UPSET BECAUSE HE FAILED AT SOMETHING THAT IS NOT TRUE. SO HE CALLED HIS BACKGROUND AND THE DETECTIVE TOLD HIM THAT THE POLYGRAPHER SHOULD NOT OF TOLD HIM ANYTHING THAT HIS BOTH TEST CAME BACK UNCONCLUSIVE AND NEEDED TO REPEAT THE TEST. SO MY HUSBAND WENT AND THE 3RD ONE SAID HE DID NOT PASS. SO HE CALLED BACKROUNDS AND THE DETECTIVE SAID THAT HE DID NOT HAVE THE INFO TO AS WHY HE FAILED BUT THAT NOT TO GO TO THE ACADEMY AND WAIT FOR HIS LETTER. WE ARE SO UPSET THAT MY HUSBAND HAS NEVER TAKEN DRUGS NOT EVEN AS A JUVINILE. WE FEEL THIS IS SO WRONG.
ALSO DOES ANYONE KNOW HOW LONG AN APPEAL PROCESS TAKE?
 
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