Eppa exemptions please help

[Ssk3304]

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??

[George W. Maschke]

No, you cannot be forced to take a polygraph "test" (either by your employer or by police). And no, you cannot be fired (or in any way punished) for refusal. Your employer could be liable for much more than the $10,000 at issue in this case in the event that he violates the Employee Polygraph Protection Act. I think it would be prudent to seek a consultation with an attorney with experience in labor law.

[Ssk3304]

Thank you for your timely and helpful response.one concern is that I read that the EPPA has exemptions for security services and alarm companies. Should I stop answering questions being asked by my employer in regards to the incident at hand? Thank you.

[George W. Maschke]

As I read it, the EPPA exemption for security services (including alarm companies) allows only for pre-employment polygraph screening. It doesn't say you can be forced to take a polygraph in a criminal investigation.

I'm not certain whether it would be advisable to stop answering questions asked by your employer. Doing so might result in dismissal for insubordination. In this situation, I think it would be advisable to seek competent legal advice. You might, for example, want to have a lawyer with you during any further questioning by your employer.

[Bill_Brown]

Several factors involved in the EPPA rules and the law.  Your employer must have suffered an economic loss, not the case here, the customer of your employer suffered and economic loss.  Reasonable suspicion that a you are involved in an economic loss to your employer and must be articulated in writing made available to you.  There are other considerations also.  You may wish to ask your employer if this is true and allow them to consult legal advisors and you should do the same.  Do Not rely on non attorneys to interpret such a complex law as this.  (Including myself).  Check with your legal representative. 

[Ssk3304]

Thank you both for your responses. I have been advised by an attorney. Can't afford one, but was advised. This morning I was told by my employer that I am being placed on "administrative leave without pay until further notice." I'm livid...

[George W. Maschke]

It seems to me that your employer has likely violated the EPPA (and may be liable for damages) simply by asking you to take a polygraph. Section 2002(1) makes it "unlawful for any employer engaged in or affecting commerce or in the production of goods for commerce...directly or indirectly, to require, request, suggest, or cause any employee or prospective employee to take or submit to any lie detector test..."

[Ssk3304]

I really don't know what to do. It's like the hits just keep on comin.

[stefano]

I really don't know what to do. It's like the hits just keep on comin. 

I'm a little out of my comfort zone on this one. But, I believe if you do have a case for damages, that you may find an attorney willing to work on a percentage basis.

As George noted, it would require a consultation with an attorney that specializes in these matters. I'm sure they would give you an a free initial consultation.

A cursory look revealed this website which may be helpful:

http://labor-employment-law.lawyers.com/human-resources-law/Employee-Polygraph-Protection-Act.html