Can they make me take a polygraph???

[SSK]

I work for an alarm company and something was stolen from a jobsite. Over $10,000 worth, from what I'm told. The home owner is telling my boss,"either pay us the amount taken or go to court. They are saying that I personally took the item/s and not anyone else that was working in the house that same day, at the same time. My employer wants two of us to take a polygraph to prove our innocence to the client. Can I be forced to take it? Can I be fired for refusal? I had no issue with submitting until I actually did a little research and found out just how unreliable they are. Oh, and my beds also wants to keep this of court because his employees, including myself, are not in possession of a required security card which requires live scan/background check etc. so with that said, his insurance co.will not cover this. What do I do? Icant afford an attorney! Do I need one??

[Administrator]

Any replies to SSK's question should be posted here:

https://antipolygraph.org/forum/index.php?topic=4961.msg36738#msg36738

[Wolfgang]

I worked as a houseman, the lady of the house lost her diamond ring, I was not accused of that, some time later
I moved overseas. I requested my x employer for his help
as a co sponsor for a visa. First he was happy to do so.
Then when it came time for him to send me a document
he says that upon further consideration he contacted his attorney and the insurance company and wrote me that they told him I could not enter his house unless I take a polygraph test. The x employer says he wants his policy not cancelled or his rates not to go up.

On many occasions I and my wife as his house staff in past times found jewelry on the floor and returned such to the owner. Now the insurance company says (according to the employer) they want to know if I know anything about the stated lost diamond ring. Is it true that an insurance company would request a polygraph. I wrote the x employer
and stated why I would not take a polygraph and mentioned
he was insinuating I had stolen her ring. Now he says I should only have answered yes or no and says if he considers my request for his help I must respect his to take a test. Is this bribery or a trap?

[stefano]

Wolfgang,

You have nothing to gain by taking a polygraph. Simply give them your word of honor that you did not take the diamond ring. If that's not good enough for them, too bad.

[me299]

anyone on here i have a ?

[me299]

i do home care and have been with one family for 6 months. he just recently found out he is missing alot of things rings,necklaces,gold coins worth about 20,000 he says. he told me today he was going to make a police report today and ask if they was to ask me to take a lie detecter if i would?at first i said no problem now having time to think about it do i have to?i heard that they are not always accurate and if your under any stress you could fail it?i dont know what to do the guy himself said there is alot of people has access to get in his house college daughter n friends and doesnt know when the stuff came up missing. i feel like he his pointing the finger at me by asking me to take a test what should i do and do i have the right to refuse a test??

[Bill_Brown]

The police generally do not request a polygraph examination until they have done the investigation and narrowed down suspects to one or two.  The owner of the missing property has no say in police polygraph procedures, the police investigators make those decisions. 

[George W. Maschke]

i do home care and have been with one family for 6 months. he just recently found out he is missing alot of things rings,necklaces,gold coins worth about 20,000 he says. he told me today he was going to make a police report today and ask if they was to ask me to take a lie detecter if i would?at first i said no problem now having time to think about it do i have to?i heard that they are not always accurate and if your under any stress you could fail it?i dont know what to do the guy himself said there is alot of people has access to get in his house college daughter n friends and doesnt know when the stuff came up missing. i feel like he his pointing the finger at me by asking me to take a test what should i do and do i have the right to refuse a test??

You should not speak with the police. At all. At least not with a defense lawyer by your side. You have the right to refuse a polygraph "test" and you should exercise it. The "test" is a fraud. It's used as a ruse to get criminal suspects into an interrogation room without a lawyer present.

For more on why you should not speak with police, see:

https://www.youtube.com/watch?v=i8z7NC5sgik

https://www.youtube.com/watch?v=08fZQWjDVKE

[graw]

I work at a car wash and recently  a gun came up missing  out of a  customer car  now here's the thing  the police  did not interview  everyone who toutched  the car  just the wash bay  now its valleys  and machanics who touch the car  before we do  but after the interview  they ask if I would take a polygragh if it came about  I told them no  because its like a coin toss iim already a nervice person can my boss fire me  for  refuseing ?

[George W. Maschke]

Graw, no, under the Employee Polygraph Protection Act, you boss cannot fire you, demote you, or take any action against you because of your refusal to submit to a polygraph interrogation.

[graw]

Ok so today my boss wanted to talk to me so I went to the fairfield location this morning and we talked about the situation he ask would I take polygraph I told him my lawyer told me I souldnt take it so he played the nice guy and told me I can't go back to the car wash where I was at basicly telling me I have to work at a farther location not on the bus line and he's changing my off days when I told him I have no transportaion he told me to call him in the morning and let him khow about my ride to work situation  well when it all boil down to it I missed a wholes day pay and I have to change locations  I can't get to and he told me its not punishment  and I'm the only one out of all the people who's invalved in this to be relocated and its all because of the accident what can I do its like he's demoting me in a nice way basicly saying a did it cause I'm the new guy what can I do

[Twoblock]

graw

To me, it looks like your boss thinks he has found a way to fire you because he knows you can't get to work at the new location. I'm sure you have TV advertising lawyers in your area. They operate on a percentage base. Contact one and see if he/she will take your case and file a lawsuit under the EPPA law. If you get fired, you might tell your boss what you are going to do because he is retalliating for you not taking the polygraph. You might save your job. If not, then file the lawsuit.

[pailryder]

graw

Under EPPA if you take the poly and fail you are still protected.  Employers cannot take any job related action based solely on a negative polygraph opinion.  By refusing to cooperate with the employer's  investigation, you have given cover to the employee who caused the "accident", a strange word to describe a theft, and placed yourself as the focus of suspicion. 

Twoblocks advice is always to sue the bastard, but employers are given broad latitude to determine staffing needs at different locations and if you were last hired your case may be difficult to prove.

Hope you find a ride to work.

[graw]

Well the same day  it happend some one got hire and sent to take my spot  at my location  so now I'm not the last to get hired

[Twoblock]

pailryder

In all my days of hiring and firing people, I have never fired a person without evidence in my hand and made a full explaination to the person why he's being fired. If he had a good reason in his defense, I always listened got to the bottom of the problem. Managers who don't do this is wrong and most always have a personal vendetta against the employee. The court system is for people seeking justice. The other alternative is take a .357 in and blow his brains out. I will seek the court system of justice every time.

graw

The fact that he replaced you the same day convicts him of retalliation. Talk to a lawyer about this.