not sure what to do--please help

Started by heliotrope, Mar 06, 2006, 05:45 AM

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heliotrope

I work in retail and for the past couple months the inventory has been short by a lot of money.  I just found out that a poly will be required to try to find out which employee (if any) has been stealing.

In no way am I guilty, but I am so afraid that my fear of a false positive will show me as a "liar" even though I am innocent that I have decided to just not take the test (and even risk losing my job for refusing to do so) rather than risk the false positive and be wrongfully accused.  Of course, if I refuse, that will make me look guilty.  I do not wish to try the various "beat the box" techniques suggested.

I was considering just telling them that I don't believe in polygraph tests (I don't) and do not wish to take it because of the risk of a false positive even though I have done nothing, and let them take it or leave it.  

Refusal to take a polygraph cannot be used as "evidence" if there is no other evidence against you, can it?  There are cameras in the store and since I did not steal, there is nothing there to incriminate me.  But my employer is requiring it anyway.  

Am I doing the right thing?  How "guilty" will I seem if I just don't take the test?  (believe it or not,  I was actually considering quitting my job because of this).

Any advice?  What are the consequences of simply refusing to take a polygraph? ???

George W. Maschke

heliotrope,

Under the federal Employee Polygraph Protection Act (EPPA), your employer cannot compel you to submit to any kind of lie detector "test." Neither may he take any adverse action against you for refusing to submit to this pseudoscientific procedure. Based on your statement that "a polygraph will be required," it appears that your employer may have already broken the law. In the recent past, one employer who violated the EPPA was successfully sued for more than a million dollars in damages.

I think you would be wise to refuse the polygraph and seek a consultation with a lawyer specializing in labor law. Martindale's free Lawyer Locator service may be helpful to you in finding one near you:

http://www.martindale.com
George W. Maschke
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Mr. Mystery

I concur with George.  I'd like to add that they are probably bluffing.  Hiring a polygraphist to come out and administer the test will cost at least $300 a test.  Look at the number of employees they would have to polygraph (lets assume 5).  Five polygraphs multiplied by $300 a test equals $1500.

How much money are we talking about?  Probably not more that $1500.

The next time your manager says a polygraph will be required, look him right in the eye and ask him to give you written notification of that.  You'll probably never hear about it again.


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