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Topic summary

Posted by Eric Schechter
 - Nov 26, 2008, 06:03 PM
After reading your post I think its really imperative that you consult  a lawyer who has experience in labor law. If you don't know one, Legal Matches lawyer/client matching service might be helpful for locating one near you.

Their website is http://www.legalmatch.com
Hope this helps!
Posted by George W. Maschke
 - Nov 06, 2008, 11:53 PM
Quote from: ymeynot on Nov 06, 2008, 07:19 PMI don't know what I'm going to do...

I think you should without delay consult with a lawyer who has experience in labor law. If you don't know one, Martindale's free Lawyer Locator service might be helpful for finding one near you:

http://www.martindale.com

In addition, if you're a member of a labor union, you'll want to contact your union representative regarding your options.

With regard to polygraph "testing," you'll want to read The Lie Behind the Lie Detector, which explains the trickery on which this invalid procedure (increasingly not so) secretly depends.
Posted by heywheresmysnack
 - Nov 06, 2008, 10:40 PM
All I ever did was joke, and the topic was always brought up by her. It was nothing of an EXTREME nature, but I know in order for it to be sexual harassment, it has to be unwelcome, and if the woman is laughing and saying things as well, I don't think that would be considered sexual harassment.
Posted by T.M. Cullen
 - Nov 06, 2008, 09:41 PM
With regard to federal employees.  They may be required to take a polygraph, and can be fired for REFUSING to take one, but they can't not be fired simply for failing a test based on the chart alone.  They can only be fired based on any INFO THEY DIVULGED during the test.  Another reason for NOT saying anything other than "NO/YES" to a relevant question (whichever is truth).  

Do not speculate during the polygraph on why you might be "having trouble with this or that question"...etc.

TC
Posted by Twoblock
 - Nov 06, 2008, 09:39 PM
I agree with TC.

Each state may have different rules and statutes covering this. In general, I don't believe they have the right to fire you over a failed polygraph. LE can poly you for employment, but they shouldn't be able to fire you over refusing to take it. Tell them you are talking to a lawyer about your constitutional rights in this regard. Maybe that will cause them to rethink their position.
Posted by heywheresmysnack
 - Nov 06, 2008, 07:41 PM
You know, its funny, I've always been in the camp that said "If you are innocent, you have nothing to hide". It's different when it's YOUR butt on the line.

And no, I haven't talked with a lawyer about it.
Posted by T.M. Cullen
 - Nov 06, 2008, 07:35 PM
QuoteI work for the State so if I refuse to take the polygraph I am fired and can never work for the State again.

Don't be so sure.  Were you told that by a lawyer who knows what he's talking about?  The EPPA may protect you.

TC
Posted by heywheresmysnack
 - Nov 06, 2008, 07:19 PM
I know I didn't do what I was accused of doing, however I also know about false positives and whatnot. I know that polygraphs are imprecise at best.

My life's dreams and my current career hinges on a polygraph test. I work for the State so if I refuse to take the polygraph I am fired and can never work for the State again. I am currently two years into college to become an English Teacher and this could completely ruin any hopes I have of ever teaching.

I don't know what I'm going to do...

The woman said I did something I didn't do. Then she took things that I had said in the past completely out of context. And she left out all the jokes and ribbings she had given me in the past about wanting her.

I know Internal Affairs wants to prove simply if I sexually harassed this woman. But what if I get scared about the things I said in the past or especially nervous when they ask certain questions. I don't know what to do...