had a CVSA today...aaargh!

[MikulMomma]

Hi,
I have been browsing the antipolygraph website for a couple of weeks.  At the end of April some money came up missing at work (from a deposit to be made that was left in an unlocked drawer).  There were three of us that had access to the building.  We were told that we were going to have to take a polygraph test if noone confessed in 2-3 days.  Noone did.  This past Tues my boss told me to be at the Police Station today at 11:30.  Instead of a polygraph, I was given a VSA.  Beforehand, the examiner acted as if something was wrong with his laptop, he even said his microphone might be messed up.  Finally, it miraculously worked.  There were like 10 questions...2 he had me intentionally lie to, and only 2 were pertaining to the theft.  When we were done he said "I know you're lying.  You showed deception on the test and I have been watching you since you walked in here and I knew you were being deceptive from the moment you walked in the door."  He kept going like this for about half an hour.
I was honest on the test.  He says I was not.  He said the other two girls had already been in and they showed no signs of deception at all.  So, he wanted an explanation.  I just kept on telling him I was telling the truth.  Then, he comes up and said that someone told him I had stolen a jewelry box, did I do that?  WHAT??  We dont even carry jewelry boxes where I work!  No, I didnt steal a jewelry box!  
By now I have a headache and I asked him if I needed a lawyer.  He said, I dont know, do you?
Anyway, the place where I work is small and we are all close like family.  I dont want to be branded...I want to go in tomorrow and hand out facts on the VSA and how it is unreliable!  I feel like an idiot for even taking the test but I didnt want to appear guilty by not taking it.
What are the chances that he is bluffing when he says I showed signs of deception?  Should I have received a copy of my results?  Should I consult a lawyer?
Also, do the laws pertaining to polygraph also pertain to VSA?  Such as, an employer is required to give written notice of the test at least 48 hours prior to the exam.  Also, if I am fired, what can I do?  And is it slander for this to be mentioned by my boss to my coworkers...
I sent you (George) an email but thought maybe this would be answered quicker...I am working on a serious migraine after today.

[George W. Maschke]

The relevant law is the Employee Polygraph Protection Act, and yes, it applies to CVSA "testing," too. By telling you that you would "have to" take a lie detector test in 2-3 days if no one confessed, your employer has already violated the law. If he takes any action against you because of the "test" results, he will have violated again.

I think you should indeed consult a lawyer familiar with labor law. Martindale's free Lawyer Locator service might be helpful in finding one near you.

[MikulMomma]

I will, thanks.
Do you think that the fact that he couldnt get his comuter to work right away and he said that his microphone might not be working properly and then all of a sudden it worked fine, was some kind of scare tactic?
It semed weird to me.  The other two girls said their exam went fine with no glitches and he was very nice.  WHY ME??

[George W. Maschke]

It's possible that the remark about the microphone might not be working properly was an interrogator's ruse. If you appeared to be relieved by the news that it was malfunctioning, or alarmed when it suddenly began working again, the interrogator might have inferred that you were guilty of the theft.

[MikulMomma]

Wow!
I found out today from one of the other people who had to take the test for the theft that when she went in the examiner told her that they knew she didnt do it, they knew it was ME because my boss said it was when she filed the report!!  She said they had me tried, convicted, and sent off to jail before she even sat down.  She said he totally convinced her that I was guilty.
their CVSA exxperiences were totally different from mine...they said the examiner (same guy) was so nice and he talked about me for about 15 minutes!!  
I got to the bottom of the whole jewelry box thing...I had taken a gift box (with permission) to put a piece of jewelry in that I had bought to give as a gift.  The guy totally made it sound like I am a professional thief!  He told the other girls that they would be surprised to see my background check!!  (I dont have a record)  
The whole thing gets more twisted everyday.  What kind of recourse do I have against my employer if she is telling people that I am guilty, that I failed my CVSA, etc...  We live in a very small town and all our kids play sports together and stuff.  I refuse to back down and I am proclaiming my innocence to everyone at work (if they ask).  I am furious that my employer has made me look like a criminal in the eyes of people I consider to be as close as family.
By the way, she (my boss) wont even look at me, much less speak to me.
Everyone out there, listen when they say DO NOT TAKE THIS EXAM!!  I thought it would prove my innocence and it has wrecked my life in a matter of days!

[George W. Maschke]

I think at this point you really need to speak with a lawyer, again, preferably one experienced in labor law. Your employer has violated the Employee Polygraph Protection Act and may be liable for substantial damages.