Infidelity Poly

[pailryder]

getrealalready

I can only speak for myself, not for our government or agencies.  As a private examiner, I a/v record if requested.  I have some clients or client's attorneys who will not allow recording of any type.  This thread is after all infidelity poly, and I think we can all see why some couples would be uncomfortable. 

Some states require all internal affairs interviews of LEA personnel be recorded and APA guidelines require recording of evidentiary exams.  Under EPPA both employer and employee have the right with each others knowledge to record everything.

I receive very few requests for audio/video recording, but with the computerized systems it is a simple matter.

[pailryder]

Twoblock

Under EPPA employees can not waive any of their rights by contract or otherwise.  No matter what they sign they are protected.  In some states release of liability forms are allowed in some states prohibited.  I personally have never used one.

[stefano]

So what constitutes polygraph malpractice?

Failure to follow APA guidelines?
Failure to follow accepted polygraph procedures?
Not properly scoring charts?
Poorly formulated questions?
Falsely accusing someone of countermeasures?

What does it take? Does he have to bend you over the table?

[pailryder]

What does it take? Does he have to bend you over the table?

I don't know, I am not an attorney, steffy.  Is that a real question or just wishful thinking on your part?

[stefano]

Well executed joke, sounds like something I would say  8-)....you must knock em dead at the donut shop! So polygraphers buy malpractice insurance, but have no clue as to why? I'm sure these companies will not pay out under all circumstances. There surely has to be a line that cannot be crossed. I'm curious to know what it is.

A cursory look at the Complete Equity Markets Inc. website revealed:

"Professional Liability Coverage
Coverage for damages resulting from negligent acts, errors or omissions on the part of the Insured in professional services rendered or which should have been rendered in the Insured's professional capacity as a polygraphist."

The application is attached for the curious. Seem as if polygraphers can be sued. Does anyone know if any rejected applicants have ever gone down this road?

[Twoblock]

stefano

I don't if this what you're talking about, but attorney Zaid filed a federal lawsuit on behalf of some failed polygraph subjects and lost. That suit was covered pretty well on this site. Therefore, federal applicants has no recoarse but to tuck tail and go. I don't know about other situations.

[stefano]

Twoblock,

I was thinking more of going after the polygrapher himself for malpractice, not even involving the agency. Some will chime in and say that he is the agency because he's employed by them.

I'm not so sure. I think one can sue a doctor for malpractice whether the incompetence occurred in a hospital or his private office. Also, if an agency is forced to dedicate legal resources to defend their polygrapher against numerous lawsuits, it would at the very least, bring tremendous political pressure to bear.

[Twoblock]

stefano

I think a medical malpractice suit would be much easier to win. Polygraphers has many more defence options. They would probably start with "based on the results of the machine, it is my opinion........." then go from there. I think it would be very difficult to prove, beyond any reasonable doubt, because of the nature of the beast.

[Twoblock]

Further to my post, had I ever been prevented from obtaining a job because of the poly, I would have been the first to test it in the courts. You never know about these things until you get your case before a judge or a jury. I have advised many times to failed subjects to file a lawsuit. I have been sued two times and filed one in the mining realm and won all three. As I say, you never know.

[stefano]

I would think that not following established polygraph techniques would be grounds for malpractice.