I work for an alarm company and something was stolen from a jobsite. Over $10,000 worth, from what I'm told. The home owner is telling my boss,"either pay us the amount taken or go to court. They are saying that I personally took the item/s and not anyone else that was working in the house that same day, at the same time. My employer wants two of us to take a polygraph to prove our innocence to the client. Can I be forced to take it? Can I be fired for refusal? I had no issue with submitting until I actually did a little research and found out just how unreliable they are. Oh, and my beds also wants to keep this of court because his employees, including myself, are not in possession of a required security card which requires live scan/background check etc. so with that said, his insurance co.will not cover this. What do I do? Icant afford an attorney! Do I need one??

Thank you for your timely and helpful response.one concern is that I read that the EPPA has exemptions for security services and alarm companies. Should I stop answering questions being asked by my employer in regards to the incident at hand? Thank you.

Several factors involved in the EPPA rules and the law.  Your employer must have suffered an economic loss, not the case here, the customer of your employer suffered and economic loss.  Reasonable suspicion that a you are involved in an economic loss to your employer and must be articulated in writing made available to you.  There are other considerations also.  You may wish to ask your employer if this is true and allow them to consult legal advisors and you should do the same.  Do Not rely on non attorneys to interpret such a complex law as this.  (Including myself).  Check with your legal representative.

It seems to me that your employer has likely violated the EPPA (and may be liable for damages) simply by asking you to take a polygraph. Section 2002(1) makes it "unlawful for any employer engaged in or affecting commerce or in the production of goods for commerce...directly or indirectly, to require, request, suggest, or cause any employee or prospective employee to take or submit to any lie detector test..."

Ssk3304 wrote on Jun 22^nd, 2012 at 6:25pm:

I'm a little out of my comfort zone on this one. But, I believe if you do have a case for damages, that you may find an attorney willing to work on a percentage basis.

As George noted, it would require a consultation with an attorney that specializes in these matters. I'm sure they would give you an a free initial consultation.

A cursory look revealed this website which may be helpful:

http://labor-employment-law.lawyers.com/human-resources-law/Employee-Polygraph-P...