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Topic summary

Posted by George W. Maschke
 - Nov 30, 2010, 11:11 AM
The Employee Polygraph Protection Act prohibits most employers from requiring employees to submit to lie detector testing. If your employer is a private company, it's likely that it can neither terminate you nor take any adverse action at all against you based on polygraph results alone--or based on your refusal to submit to this unreliable procedure. And it would be wiser to refuse the polygraph than to run the risk of becoming a false positive.

If, however, you work for a federal, state, or local government agency, or if you work for an armored car company, or a company that handles pharmaceuticals, you might not be legally protected.

Either way, I think it would be wise to consult with an attorney with experience in labor law regarding your rights in this situation.
Posted by Charles Kingler
 - Nov 30, 2010, 10:15 AM
I have taken a polygraph before for a police job, and although I passed, I had hard time with it. The machine was uncomfortable (my arm kept going to sleep) and I have an issue with being forced to sit still for extended periods of time. I can't stop moving my joints. Claustrophobic maybe? The examiner threatened to disqualify me for the job and end the examination if I didn't "relax". That polygraph was for a job. I ended up passing out later that night at about 6pm from the stress.

My dept. had some money go missing from a property safe and I along with 5 other "property officers" are being accused of theft. They have threatened to run a full investigation with polygraphs if someone doesn't confess. I'm completely innocent but I am scared to death to take another polygraph, this time as part of an interrogation where my job is at stake. Just the thought of it gets my heart racing!

I have read the book but I am concerned that my anxiety will cause a false positive and that if I employ countermeasures, they will not work. I would like to just be honest and get through it but I don't think I am capable of "calming down" when "wired up".

I cannot refuse the polygraph as they will probably terminate me for doing so.

Any advice?

Also can someone be legally terminated solely on the basis of a "failed" polygraph? I have heard of officers in that situation but being "re-instated" after suing in civil court.

Thanks

Christian