My company violated the EPPA. I think?

[Dan Perez]

Hi. I have a question that I hope someone can answer for me.  Here is my situation.  I was employed by a company as a regional sales director, making 80-100k a year.  I was in charge of three stores.  One of my stores had a huge loss in inventory one day, due to theft.  As the regional manager, I was a suspect.  My company invloved the police, and they started their questioning.  I went and answered some questions for the police, where I felt cornered and as if they had it out to bring me down, being a young man who made a good amount of money.  After the questioning,  I was still a suspect, and my boss at that point had told me that his boss wanted me to take the police lie detector test so that i could clear myself of this matter.  Well, I went to the test, but due to my nervousness about the whole situation, the possiblity of losing my job, etc, I failed the test.  The next day I no longer worked for the company.  I found the EPPA about 8 months later and I think I have grounds to sue for lost wages.  My company nor the police ever issued me any paperwork on the questions to be asked, nor did they discuss anything with me after the test, other than that I could no longer work there.  Also the disclosure of information was violated, as they proceeded to tell everyone in the company that I lost my job because I failed a lie detector test.  Now, the police issued the test, not my company. Can I still sue?? Please help me out here. Thanks.
Dan Perez

[dimas]

You need to address this with a Lawyer that works in your area.   While you may indeed have a case, it depends on whether or not you signed consent forms giving them the authorization to administer the exam to you and free them from liability.  

[Dan Perez]

I never signed any consent forms.  Also, I was never given a copy of the questions to be asked, or notified if there was a two way mirror, camera, or if I was being recorded.  Anyone else think I have a case here? I am going to call around tomorrow to try and find a lawyer to take the case, but I have no money, as I now am an assistant manager at RadioShack.  What about lawyer fees? Thanks for any feedback.

[Dan Perez]

Sorry, another post.  I did sign a form at the police station, but to my knowledge, it was just my miranda rights. My company never had me sign a form.

[George W. Maschke]

While I am not a lawyer, it seems that your former employer has plainly and egregiously violated the Employee Polygraph Protection Act (EPPA). The company might wish to settle out of court rather than go to trial. Recently, a company in Atlantic City, NJ was ordered to pay $4 million to three employees whom it unlawfully terminated for refusing to submit to polygraph interrogations:

http://www.antipolygraph.org/news.shtml#shiffman-04-07-04

I agree with Dimas that you should consult a lawyer in your area, preferably one with experience in labor law. Martindale's free on-line Lawyer Locator service may be of help in this regard.

[Dan Perez]

Thank you for your response.  I will keep everyone posted on my progress.  What a great site.

[yankeedog]

If it is as you say, and based upon my experience, it probably is, it sure appears like an EPPA violation.  Check with the US Department of Labor in your area and explain the situation to them.  The Dept of Labor is the agency tasked with enforcing EPPA.

[Dan Perez]

Well, I spoke with the Dept. of Labor today.  They gave me all of three minutes of their time.  Apparently they believe that since the local law enforcement did the polygraph, this exempts my employer from all wrongdoings.  I am still pursuing a lawyer to listen to my case.  I still believe I have a case here.  Will keep you posted.
Dan Perez

[Cop]

Well, I spoke with the Dept. of Labor today.  They gave me all of three minutes of their time.  Apparently they believe that since the local law enforcement did the polygraph, this exempts my employer from all wrongdoings.  I am still pursuing a lawyer to listen to my case.  I still believe I have a case here.  Will keep you posted.
Dan Perez

A word of caution.  If you pursue this, they may be able to prove your guilt.  The rules for discovery are much more liberal in civil cases.  And you sounded like you weren't totally honest to me, for example when you said,  " I went and answered some questions for the police, where I felt cornered and as if they had it out to bring me down, being a young man who made a good amount of money.... Well, I went to the test, but due to my nervousness about the whole situation, the possiblity of losing my job, etc, I failed the test."   That just sounds bogus....

[Dan Perez]

Funny to get a post like that from this site.  The polygraph test used was a voice stress analysis, which test the stress levels in your voice.  As my boss had told me, pass the test or lose your job, i was a LITTLE bit stressed about the situation.  My inocence is not something I have to prove.  The police basically came down hard on me because they had nothing else to go on.  ANYWAYS. If you have any positive feedback on the issue at hand, thanks.  But I will pursue this as far as I can because I feel I was violated, and I have nothing to hide as far as guilt is concerned.  Thank you.

[Dan Perez]

Also, 25% of my bonus every month, which was my main source of income, was from inventory control.  This unfortunate situation left me with a big fat 0 in that category.  I lost about 2000 dollars that month.  

[George W. Maschke]

Well, I spoke with the Dept. of Labor today.  They gave me all of three minutes of their time.  Apparently they believe that since the local law enforcement did the polygraph, this exempts my employer from all wrongdoings.  I am still pursuing a lawyer to listen to my case.  I still believe I have a case here.  Will keep you posted.
Dan Perez

Dan,

I don't know how the Labor Department employee(s) you spoke with came to that conclusion. Although the EPPA specifically exempts government employees from its protections, when it comes to regulating the private sector, it apparently does not to make any distinction between lie detector "tests" administered by law enforcement versus someone hired by the company. Your employer coerced you into taking the "test" and fired you based on the result. As you've described it, it seems like a pretty clear-cut case.

Also, note that a voice stress analyzer is not the same as a polygraph, although both are "lie detectors" within the meaning of the EPPA.