The incident must be an ongoing, specific investigation.
It must be an identifiable economic loss to the employer.
Obtain a copy of the Employer Polygraph Protection Act (EPPA) of 1988. Link to EPPA
Provide the employee with a written statement that includes: (a) identification of the company and location of employee (b) description of the loss or activity under investigation (c) location of the loss (d) specific amount of the loss (e) type of economic loss (f) how the employee had access to the loss Note: access alone is not sufficient grounds for polygraph testing g. what kind of reasonable suspicion there is to suspect the employee of being involved in the loss.
The Statement provided to employee MUST be signed by someone other than the polygraph examiner, who is authorized to legally bind the employee, and MUST be retained by the employer for at least 3 years.
Read the Notice to Examinee to the employee, which should be signed, timed, dated and witnessed.
Provide the employee with 48 hours advanced notice (not counting weekends or holidays) to the date and time of the scheduled polygraph test.
Provide employee with written notice of the date, time and location of the polygraph test, including written directions if the test is to be conducted at a location other than at the place of employment.
Maintain a statement of adverse actions taken against the employee following a polygraph test.
Conduct an additional interview of employee prior to any adverse action following a polygraph test.
Maintain records of ALL of the above for a minimum of 3 years.
Employees may not waive their rights.
Police and investigators are not exempt and must comply if they are conducting an employment related polygraph test, i.e., when conducting a polygraph test on an internal theft for a missing deposit. Information about a polygraph provided to the employer by a police officer or investigator is prohibited under the Act, since employers are not allowed to use, accept or inquire about the results.
There is a $10,000 penalty for EACH violation of the law.
Use your company letterhead on all forms you provide to the employee. Have your corporate attorney review your actions to assure your compliance of EPPA.
