lie detector tests at work

vic

One of our employees had a expensive camera stolen from their cubicle a few days ago. Our president wants me to write a memo to everyone stating that if the camera is returned within a week, no action will be taken. If the camera isn't returned, then he will call the police and have everyone here given a lie detector test. Has anyone had to deal with something like this and what happened.

SMace

I looked up the Polygraph Protection Act 29 U.S. C. 2001. To cut to the chase, testing is allowed if an employer is investigating an economic loss to the employer (not a loss to co-employees). So it looks like you can't. If it actually was the company's camera or if the company is responsible for replacing it, you can ASK employees to take a test. You can't require it. And there are many other stipulations. I suggest if you decide to do it oyu should consult your attorney. Damages related to a suit can include back pay, back benefits, and the Dept of Labor may seek civil penalty up to $10, 000 for each violation. Individuals may sue in state or federal court on behalf of themselves.

File a police report, and let them handle it.

Whatever

Sounds like your president has over reacted. The police should be called to investigate.
Polygraphs are voluntary. You cannot force an employee to take a polygraph.

PAhr

If he goes through with this there will be trouble. The Employee Polygraph Protection Act has very specific guidelines that an employer must follow. It is illegal to require, request, suggest or cause any employee or job applicant to submit to a lie detector test; use, accept, refer to or inquire about the results of a lie detector test conducted on an employee or job applicant; or dismiss, discipline, discriminate against or even threaten to take action against any employee or job applicant who refuses to take the test.

It goes on to say that polygraphs can only be used in connection with jobs in security and handling drugs, or an investigatating a specific theft or other suspected crime. However, before you can perform the test, you must notify the employee(s) in writing at least 48 hours before the test is to be performed stating that the said employee is a suspect. And there must be a provable, reasonable suspision that the said employee was somehow invovled in the act being investigated.

There is also a statement which must be read before the test is administered and the employee must also sign this statement. The act specifically forbids blanket testing to "weed out" a perpetrator, such as your boss is suggesting. You can only request that an employee take the test if you have reason to believe he/she was involved and the employee must be warned that taking the test is not a condition of employment and that they have the right to refuse to take the test with no adverse employment action. I would urge your boss to read the entire EPP Act very carefully before he goes any further.

Balloonman

Vic,
You don't want to go the lie detector route. The big issue is that you have a thief working amongst your employees, maybe? What your really need is a person who is trained in investigation and the interviewing of employees. If you are not to far from Canton GA I can help you with that as I used to work with someone who is considered one of the top interviewers in retail. Email me if you are interested.
My $0.02 worth.
DJ The Balloonman

Betty I_O

Everyone is right on . . . and State laws and, if applicable, a collective bargaining agreement could give employees even greater protection against lie detector tests than the Federal law and would be valid and enforceable. They are not preempted by the Federal statute.

If the employee's camera was so "expensive", why did he/she not file a police report? Why don't you ask him/her to write down as much as they can about what they remember--ask the emloyee to think of those old "who, what, where, when, how" questions. Perhaps they'll think of something they did not recall at the time of discovering the item missing. I also agree with Balloonman that if the intention is to query other employees, those questions need to be handled by someone who understands how to conduct an investigation and pull all the pieces together.

vic

After much discussion with my plant manager and seeing your answers, he agreed with me about the lie detector tests. He wants me to just state the fact of the theft and ask that it be returned with no questions asked. If not, we would contact the proper authorities for an investigation.

I think that we can't point fingers at anyone because of how many people come in and out of our office before and after hours. The plant manager is going to address the office accessability issue which should help in the future. I've also discovered that this person with the missing camera claims he left the camera in a bag on his desk several days ago. I know he has been very forgetful in the past. So hopefully this will work.