"Failed" Polygraph and Lost Job

[ExCop46]

Until recently, I was an officer with a large sheriff's department in the southeast. I was called into IAD after a rumor surfaced in the jail that was supposedly started by a local known prostitute and whom I have had numerous runins with while working a sidejob at the bus station. This rumor was heard by a corrections officer and passed up the chain of command. That is when I was called into IAD. I was told that supposedly this prostitute had told a C.O. that I had picked her up and paid her for sex in the back of a cruiser while working at the bus station. She had not signed a complaint against me, and was unable to be located to be interviewed (how convenient!). I was read the Garrity Warning and signed a form that I had been advised and understood my rights under Garrity. I was asked and truthfully  denied that I had ever had sexual contact with her or any other prostitute, never had sex in a county vehicle, in uniform, or while on duty. I advised the IAD Lt that I had been cursed and threatened by this crackhead prostitute on more occasions than I could count and that the only thing I could PROVE is that I had never used a cruiser while working at the bus station. He asked if I would submit to a "voluntary" polygraph and I immediately agreed. After all, I had been truthful and had nothing to hide.

An "independent" polygraph examiner was called in and I was sent to wait in the lobby while he set up. The Lt. talked to the examiner for approximately an hour while I was in the lobby. I was called in, and hooked up to the machine after the test was explained and he went over the questions that would be asked. When the test started, the questions were asked in random order, the 5 or 6 relevant questions, and some questions he said were profile questions, ie Have you ever lied to a supervisor, have you ever lied to get anyone in trouble, etc. He said these were FBI profile questions that are asked of everyone. The questions were asked 3 different times with a break in between.

I was sent back outside to take a break, and felt confident that I had passed, since I had been TRUTHFUL in my answers to every question. I was called back in after about 15 minutes and told that I had failed on all the relevant questions! Then the Lt. and the examiner both started asking fishing questions like "has one of these prostitutes ever groped you", have you ever fondled one of them, etc. Then he was rather condescending and telling me that "hey, we are all human", etc. and asking "what have you ever done that maybe you aren't being truthful about?" I told them both that I had no idea why I had failed and that I had nothing to tell them, because I had been truthful with them.

One of the things that puzzle me is that he was telling me that I scored -5 on this question, -3 on this question, and so on, and that meant I wasn't being truthful on any of them. He said I scored -6 (I think) on the question of having sex in a county vehicle and I told him that I could prove that I had never used a cruiser on a side job, and he told me "I believe you on that question but not the rest of them. Well, if the machine said I lied on all of the questions, how can he say he believes me on one of them that I supposedly lied on, and doesn't believe me on the rest? Wouldn't that contradict the accuracy of the entire test?

I was immediately terminated and my badge, ID, etc was immediately collected. Needless to say, I am still in shock over the whole deal. I had enough confidence (maybe naivete) in the system to believe that since I was telling the truth, all would be cleared up. What the hell happened? Is this a common occurrence with polygraph tests? The only other time I have taken a polygraph was in the 80's as an applicant with a police department in Virginia. I took the test and 3 weeks later was told to come in to retake the test. I was not told why, and after the second test, I moved on to the next phase. If someone could shed some light as to what might have happened, I would greatly appreciate it.

Thanks.

[George W. Maschke]

ExCop46,

It is quite common for truthful people to wrongly fail a polygraph. For starters, polygraphy has no scientific basis and is inherently biased against the truthful. Unsurprisingly, a statistical analysis (255 kb PDF) of the best available field studies of polygraphy suggests that "if a subject fails a polygraph, the probability that she is, in fact, being deceptive is little more than chance alone; that is, one could flip a coin and get virtually the same result for a positive test based on the published data."

The questions that your polygrapher described as "FBI profile questions" (he was lying to you) were, in fact, probable-lie "control" questions. Your answers to these questions were secretly expected to be untruthful. The key to passing the polygraph is to show stronger reactions to the "control" questions than to the relevant questions (which in your case were about the rumor). But if one shows a stronger physiological reaction to an emotionally-charged relevant question such as "Did you ever have sexual contact with that prostitute?" than to a "control" question such as, "Did you ever lie to a supervisor?" then one fails.

It should be obvious that this methodology is overly simplistic, but that's how polygraphy "works" (and doesn't). Perversely, the more candidly one answers the control questions, and as a result feels less anxiety when answering them, the more likely one is to wrongly fail.

For more on polygraphy, including its complete lack of scientific underpinnings and the trickery on which the "test" actually relies, see our free book, The Lie Behind the Lie Detector (1 mb PDF).

What options do you have to appeal your firing?

[ExCop46]

I have been told that if I took and passed another polygraph with the same questions (at my own expense) then I may be able to persuade the department to allow me another chance to pass their polygraph.

My fear is now that I failed once, that I will simply be so nervous that I cause myself to fail another one. I kind of wonder if the "independent" polygrapher, who was being paid by the department for this session was told what they wanted to see and gave them just that.

[George W. Maschke]

If the polygraph operator who accused you of deception was paid by your employer, then he wasn't independent. You might want to consult with an attorney experienced in labor law regarding what your legal options are. See, for example, this order reinstating two Mississippi police officers who were fired for "failing" polygraph "tests":

https://antipolygraph.org/litigation/mapp-shirley/mapp-shirley.shtml

I think taking another polygraph is ill-advised. But I think you should demand copies of the polygraph charts, the polygrapher's report, and any recordings made of the polygraph interrogation. I would be happy to review such materials for any evidence of examiner misconduct.

[T.M. Cullen]

In addition to getting some legal advise, like GM said, try contacting a private polygrapher with a police background.  Act like you are SINCERELY seeking their advise.  Play up to him, stroke their ego.  You can be pretty sure that it will be in YOUR best interest to do just the OPPOSITE of what they suggest!  

Send me a PM, if you need some names.

TC

P.S.  DO NOT mention this site, or admit to having researched the polygraph.  They hate that!  They want to keep you uninformed, dumb and gullible.  Like spectators at a magic show.

[ExCop46]

I am definitely going to try to fight it. I have been told by some officers who have been through the wringer with this dept that it was a fait accompli when the call was made summoning me to Internal Affairs. If I had refused the polygraph, I would be fired. If I lied and told them what they wanted to hear, I would have been admitting to a crime and would have been fired (as well as lying to them, which is a firing offense). I told the truth and they still got what they wanted and I got fired (with the option of submitting a resignation letter to go in my public file - how decent of them.)

Sorry, I am a little bitter at them right now.

[nopolycop]

You need to see a labor attorney.  I believe you can get your job back if you do, (and have some coin to pay the attorney).  By law, a government agency must give you a pre-termination hearing, (Loudermil hearing).  It doesn't sound like they did that, so they violated your civil rights in terminating you without a hearing.

[ExCop46]

I have been doing some "soul searching" and have thought of a couple of things. I was brought up in a household where my parents always acted like sex was bad, you don't talk about it, it's taboo, etc.

Also, (and I did tell the examiner before the test) there were 2 girls I dated while in high school that turned out to be a couple of little prostitutes, not for money, but for other favors etc. I figured out what they were (an astute observation for a high school freshman dating a junior and a senior) and stopped seeing them.

Besides the polygraph being junk science, could these 2 factors have caused some kind of elevated repsponses to the questions being asked? I have an appointment to come in and speak to the sheriff next week and want all the ammo I can get to show that a failed polygraph is not necessarily because of deception.

Thanks

[T.M. Cullen]

I have an appointment to come in and speak to the sheriff next week and want all the ammo I can get to show that a failed polygraph is not necessarily because of deception.

Great idea!  While you're at it, why not write a letter to the American Polygraph Association. I'm sure both they and the Sheriff will be sympathetic to your cause.  Debating the merits of the polygraph with the very guy who made it, or maintains it, as part of the employment process.  The very process that SCREWED you.  

They already took their action.  The FIRED YOU!  They played their hand. So, DON'T do Jack "Diddly" Shit, unless your attorney tells you to!  Did the Sheriff even talk to you prior to taking this action?

Did your attorney advise you to do this?  Or have you decided NOT to follow our advise and even talk to an attorney?  

TC

[ExCop46]

I will make an appointment to talk to one of our local attorneys before (and IF) I talk to the sheriff. Your point is made and taken. I guess I am still a little in shock over what happened.

I guess I am holding on to a tiny amount of hope that the system I had faith in will not totally fail me. But your points are totally correct and I do appreciate the advice.

[T.M. Cullen]

And don't let my sarcasm get to you!

Let  us know how the whole thing goes.  It will be instructive, as many people come here in similar circumstances.

Good Luck!

TC

[G Scalabr]

Stories of polygraph related termination in law enforcement are truly sickening. And the southeast--especially Florida--seems to lead the country in this practice.

Excop46, the key here is to get in contact with an attorney who specializes in labor law. Ideally, you should get your advice from a labor attorney who subspecializes in civil service (public sector) employment law.

Since you are in the Southeast, I am assuming that members of your department are not represented by a union (e.g. police benevolent association). Perhaps the Fraternal Order of Police may help you to locate competent counsel.

It's just unfortunate that many law enforcement positions in the  Southeastern United States lack the civil service protections that similar jobs in the Northeast and West Coast enjoy. Some of the stories I hear from the South--especially sheriff's departments in Florida--are truly repugnant.