USING POLYGRAPH (Lie detectors) and EMPLOYEE RIGHTS

Polygraph (lie detector) tests can only be used in very limited situations to investigate suspected employee theft. These tests must be performed by government-certified professionals, and employers must understand the rules associated with their use -- especially if disciplinary action may be based on the results.

Employers are permitted to request an employee to take a lie detector test as part of an ongoing investigation involving loss from industrial espionage or sabotage or theft, embezzlement and misappropriation (think in terms of very large amounts of money…say $10,000 and up…not petty cash), only as long as the employee:

-- Is reasonably suspected of involvement and had access to the property being investigated ("reasonably" is something Courts)

-- Has advance notice of the test; knows why they are being asked to take it and that they have a right to refuse it

-- Knows that test results may (not necessarily will be) be used as evidence against them (this is not a script from TV's "Law and Order")

-- Knows the test may be ended at any time

-- Will be allowed to review the questions and will be given copies of the written results AND conclusions based on the results

Employers cannot use or inquire about a lie detector test that someone else conducted (an examiner they have not hired or engaged to do the test). Nor can an employer discipline an employee solely based on polygraph results or on their refusal to take the test...ask any lawyer -- there are lots of very good reasons these tests are not admissible in Court.