|
Author
|
Topic: EPPA Info needed
|
Ted Todd
Member
|
posted 02-05-2008 12:40 AM
 
A law enforcement agency fired a non-sworn Public Service Officer for allegedly lying about the circumstances surrounding why she towed a vehicle. That employee has now demanded that she be given a polygraph exam to prove she did not lie. The employee told the agency that she is going to go out on her own and pay to have a polygraph done.Thoughts? Ted IP: Logged |
Bill2E
Member
|
posted 02-05-2008 07:58 AM
Both sworn and civilian employee's are exempt from EPPA as I understand it. Also an employee can on their own take a polygraph as long as the employer does not suggest or request it and the results can be considered by the employer without violation. This is my understanding, however others should contribute also, I could be very wrong. IP: Logged |
AD
Member
|
posted 02-05-2008 08:03 AM
Hi Tedd,I don't believe EPPA applies here as she has already been terminated. If she wants to have an exam done and pay for it herself then she becomes the client and the results would be released to her. What she attempts to do with the results if she passes is anyone's guess. Alan IP: Logged |
stat
Member
|
posted 02-05-2008 08:25 AM
Ted, is California an "at will" state? In other words, can a person be terminated at the whimsey of an employer----for any "non-discrimanative" reasons? If so, than she can test all she wants, the employer will not rehire her even if they were convinced of her innocence---if doing so, she will have to be compensated back wages----an unlikely scenario if there ever was one.The majority of EPPA tests I have done were what I came to call "peace of mind" tests like this one------tests that were merely paid for to clear the name of a person living in a small town with fast and hard rumors and black-listing. Risky business indeed. You might want to consider a special clause in yor consent form for just such a test;
"I understand that the results of this test cannot in any way be used by me or a previous, present, or potential employer, to affect the employment status potential or otherwise, either positively or negatively in any capacity."[paraphrased] 
IP: Logged |
Barry C
Member
|
posted 02-05-2008 08:53 AM
Yes Ted, government employees at any level don't fall under EPPA. Why wasn't polygraph offered prior to the termination? Is there a local or union issue? There must have been an investigation, and it would be nice to know the findings and conclusions if you were to test her.IP: Logged |
Polygraph Place Bulletin Board
