posted 09-15-2005 11:44 AM            

I have a potential client who just emailed me the following scenario. The question...Would this fall under EPPA even though he is no longer an employee?

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We have a former employee who resigned without notice. He resides in *********. He worked out of our ********** office. He held the position of “Locator” meaning that he located live underground utility lines prior to excavation (i.e. “Digger Hotline,” “One-Call”). As a part of his employment with us he was provided a fleet van and a notebook computer, both owned by the company, both necessary to do his job. He “resigned” by not showing up for work on a Thursday. When he did not return calls for several days, his sup finally went to his home on a Tuesday, and retrieved the fleet van using a 2nd key. The former employee contends he locked the van, leaving the notebook computer in the van, and left town for several days, from Friday until the following Tuesday. The notebook computer was not in the van when retrieved by the sup 2-3 days after the employee left town…but the van was locked, requiring the use of a key to gain access and return to the Gainesville offices.
We have reported the notebook computer missing, possibly stolen, to local police. The former employee called our CEO, wanting to “clear his name.” He offered to “take a lie detector test” in an effort to clear his name. Our CEO asked me to investigate the possibility of accepting his offer and having a lie detector test administered to him relative to the missing notebook computer.
While we are no longer his employer, since the subject of the polygraph concerns an incident relative to the employer-employee relationship, vis a vis, the whereabouts of the notebook computer, a company asset.
Would this circumstance be a permissible use of a polygraph test under the EPPA, and would you be able to administer a polygraph to this former employee under these circumstances?

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Ralph Hilliard
PolygraphPlace Owner & Operator
http://www.polygraphplace.com

posted 09-15-2005 03:11 PM         

Here is my two cents worth:

If the police ask the subject to take the test as part of the criminal investigation for theft, then you do not have an EEPA case.(The police should not share the results with the former employer). If the employer asks the subject to take the test, I feel EPPA guildlines should be followed. The same goes for the guy who went and recovered the van. If it is a police test, I don't think EPPA applies as long as the police don't share the exam results with the employer.

We have had several similar discussions on this board before but I would still check with TV O'Malley for the best opinion. I don't know if the ex-employee status makes a difference or not.

posted 09-15-2005 03:30 PM            

Yeah, the real key I'm trying to figure out here is whether they can even ask him to take a test under EPPA now that he is no longer an employee.

I do understand the part about having the police do it...but they are not going to do that for a laptop...at least in my experience they won't unless the amount is large enough to be criminally charged.

If anyone has any insight on whether I could test in this situation under EPPA, please let me know.

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Ralph Hilliard
PolygraphPlace Owner & Operator
http://www.polygraphplace.com