posted 04-16-2008 05:22 PM            

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"Truth Seekers"

posted 04-16-2008 10:06 PM            

BTW, I know examiners that have been doing polygraphs for years and won't touch EPPA issues. EPPA is a touchy area.

If you would like to send me the PC on the case via email I would be willing to discuss any areas of concerns and I also have some forms you could use.

FYI: Don Kraphol developed 'guides' on several polygraph issues. Each area is individually laminated and I would highly recommend you purchase them - especially the one on EPPA - so you have it at your fingertips. Go to www.nationalpolygraphconsultants.com for the quick reference guides. Taylor

posted 04-19-2008 07:32 PM            

Keep in mind that the “reasonable suspicion” for EPPA does not require as high a level of information as that established in Terry v. Ohio for a law enforcement investigative detention; however, if you make a mistake, and the company gets fined, you will most probably end up sharing that fine ($10,000 for each offense). The Department of Labor has no sense of humor.

The less you participate in the reasonable suspicion decision, the less chance of you be determined culpable if things “go South” – particularly, if the company has “enhanced” the facts or outright lied to you so they can have the test(s) run. The only way you can be relatively safe is to call the Department of Labor (which the last time I did this was a “runaround” of the eastern United States of 6 calls to six different cities and a week of waiting for return calls before I ever go to speak to a live person from the USDOL). I presented them with the information that was developed by an independent private investigator, and it still took a week to get an answer which I, of course, verified with a name and telephone number to document that DOL had approved the reasonable suspicion).

With all of the time spent helping to help the company not be fined (and me not being fined), I probably made a whole $10 an hour. This is why many of us stay away from these tests. The last EPPA test I did was in 1999; however, I’ll get calls on them at least several times per month. I used to refer these to a colleague who would do them, but he quit doing them about 6 years ago because of the strong potential of legal liabilities.

Now, if callers tell me they have already mentioned polygraph to any of their employees, I basically try to scare the “crap” out of them so they will forget polygraph use in the situation altogether – privately or through law enforcement (and our field doesn’t get a bunch of bad publicity). If they have not mentioned it (and if I actually believe them), I’ll refer them to their jurisdictional law enforcement authority to ask for assistance in the investigation, and tell them to let the law enforcement agency suggest the use of polygraph – because if they request the agency to do the tests, then EPPA, again, applies, and the law enforcement agency, at least around here, will refuse to then get involved.

If you decide to get involved in these tests, then you should price yourself accordingly because of the problems I mentioned above – and that will likely resolve the issue for you anyway – the company won’t want to pay the necessary fee (but then they will likely find one of our “polygraph prostitutes” who will be happy to do a cheap, incompetent job.