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Author
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Topic: EPPA PACKET COVER LETTER
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ebvan
Member
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posted 07-17-2008 02:16 PM
  
I decided to write a cover letter to go with the packet I send out to employers who enquire regarding EPPA EXAMS.
I would like some input regarding
#1 are there any other Fed Forms I should include?
#2 any wording additions or changes.
Thanks in advance
[Letter Follows]
In regards to: Polygraph Examinations for Employees
To Whom It May Concern:
Enclosed please find a copy of The Employee Polygraph Protection act of 1988(EPPA), a copy of publication WH-1463 Title 29 Part 801 “Application of the Employee Polygraph Protection Act of 1988, a copy of U.S. Department of Labor, Employment Standards Administration, Wage and Hour Division Fact Sheet #36: Employee Polygraph Protection act of 1988, and a copy of form WH-1481 “Notice to Examinee Employee Polygraph Protection Act”.I am supplying these documents to in order to provide you with basic information regarding the prevailing law concerning the circumstances under which an employee may be asked to submit to a polygraph examination. Recent decisions by The U.S. Department of Labor and the courts prevent me from offering advice or opinions regarding whether or not polygraph may be used in compliance with EPPA under specific circumstances. You must arrive at this decision based upon your understanding of the law, compliance with your company’s policies, and whatever other sources of information you choose. Many employers consult an attorney for advice in these matters before proceeding. I suggest you review the documents provided from the U.S. Department of Labor carefully. The penalties for violations of the act are somewhat severe. I have also taken the liberty of providing you with copies of some of my standard forms for your perusal. Nothing contained in these forms should be construed as superseding prevailing law. ------------------
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Barry C
Member
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posted 07-17-2008 02:41 PM
Off the top of my head, I can only play grammar police. It's "in regard to." One sends one's "regards."IP: Logged |
ebvan
Member
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posted 07-17-2008 03:51 PM
You are correct. That is a Microsoft Office Letter Wizard Error. I can fix that ------------------
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stat
Member
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posted 07-17-2008 08:15 PM
I like it Ebvan. May I make a suggestion? It has been my experience that most employers are very much teetering on whether or not a round of tests are cost effective. I typically tested in cases with 2000 bucks missing---a sum that approaches what 5 tests would run. Granted, we all know that the thief must be caught as there will likely be more (or there has been more) loss. However, aside from those big 10,000 thefts, the 2000 thefts seem to be more common. My point, is that many a client has been scared away with "all dem words" and "all a dem papers." Your letter is smart and dignified---but a Papa Johns Manager might opt out if he feels like he is trying to read a prima faca case----rather than a more warm "howdy, this is what we hafta do to try to get'r done--with my easy 4 step safely catch your thief the legal way recipe" type of cover letter. I like yours though---I just hate to scare away clients by confusing them into fear rather than healthy caution. I dunno.
[This message has been edited by stat (edited 07-17-2008).] IP: Logged |
ebvan
Member
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posted 07-17-2008 08:35 PM
I agree that is might appear discouraging, but with the rulings that indicate that an examiner who advises an employer whether or not his situation falls under EPPA can be treated as the employer as well as the examiner for penalty purposes, I can't think of any other way to provide him with the law he needs to guide his decision. Basically an EPPA test requires just a hairs breadth difference short of PC for arrest in order to run the exam. I want the employer to understand the liabilities involved. (You should see my indemnity agreement)
I don't need EPPA tests to earn a living, but since I am the only private examiner in a 75 mile radius, I feel some obligation to provide the info and run the tests if they comply with the law and can meet my fee. If it was my business I would just report the loss to the police and let them investigate and decide if they needed polygraph to make the case. As the employer, the only thing I don't get is test results. If he decides that my Polygraph is too risky or expensive, he can always flip my shingle over and hire ebvan "P. I." Private Eye Haiku Private Eye charging
into boredom at full speed
Mike Hammer, I Ain't ------------------
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