questions & answers

Question: An employee who dislikes me filed a false claim against me saying I swore at him. Hr brought in an invstigator without telling me and made me answer questions and then I was told I would have to take a polygraph. What are my rights. I have been a high achieving employee for 9 years and was offered a promotion last week. Now I think they want to fire me and it has ruined my credibility.

Answer: The federal Employee Polygraph Protection Act outlawed private employers from using lie detectors in connection with employment. Government employees are not protected by this law, however they are generally protected from lie detector tests by civil service rules. Businesses that are not exempt from this act can request a current employee to take a polygraph examination or suggest to such a person that a polygraph examination be taken, only when specific conditions have been satisfied. However, the employer cannot require current employees to take and examination, and if an employee refuses a request or suggestion, the employer cannot discipline or discharge the employee based on the refusal to submit to the examination. To learn more about the conditions that an employer must meet in order to ask a current employee to take a polygraph, you may review a checklist as a guideline provided by the American Polygraph Association at http://www.polygraph.org. If you would like to find an attorney with whom to discuss your specific situation, you may visit the AZ State Bar at http://www.azbar.org.