not treated fairly, slander

[sillysally123]

I worked on april the 9th and $250.00 come up missing out of the safe and there was 5 employees working that day and, we all have to take a lie detector test and I know that I will pass the test but, I am the only one taken off the schedule. I think that I am being treated unfairly! They have been telling customers what happened and other people witch is slander. My buisness is between them and myself. They are also telling me that I have to pay for the lie detector test and it is not refundable. That is not right! I just need some good free advice from someone that knows what they are talking about.. If you could help me please e-mail me back my address is sillysallyntony@hotmail.com
please help me if you can...

Thank You,
Amanda Satterfield

 

[Duranie]

I see no reason why you should pay for the lie detector test, especially if you pass. Don't agree to it. Personally if I were you I would just find another job.

 

[cbg]

Are they saying that YOU took the money or that SOMEONE took the money? It makes a big difference to whether you have any legal course of action or not.

 

[Green_Hornet]

Private Employers are typically prohibited from requiring or requesting any employee, or job applicant to take a lie detector test under the Employee polygraph protection act. The employer can not retaliate against an employee for refusing to take a lie detector test, or exercising any any other rights under the act.

 

[cbg]

That is generally true, Joe, but the Employee Polygraph Protection Act does allow some exceptions when there is a theft or embezzlement involved. I don't think we have enough information to say if this would fall under these exceptions or not.

http://www.dol.gov/compliance/guide/eppa.htm

 

[Green_Hornet]

That is generally true, Joe, but the Employee Polygraph Protection Act does allow some exceptions when there is a theft or embezzlement involved. I don't think we have enough information to say if this would fall under these exceptions or not.

http://www.dol.gov/compliance/guide/eppa.htm

That is a very narrow exception, and $250.00 shortage does not meet the requirement, and is little more than a fishing expedition by the employer. Posters contact an employment attorney who should direct you to the U.S D.O.L. or file an injunction through his office. The employer shortage is so minuscule the police did little more than fill out a report over the phone.
29 C.F.R 801 et seq:

(b) For the exemption to apply, the condition of an ``ongoing
investigation'' must be met. As used in section 7(d) of the Act, the
ongoing investigation must be of a specific incident or activity. Thus,
for example, an employer may not request that an employee or employees
submit to a polygraph test in an effort to determine whether or not any
thefts have occurred. Such random testing by an employer is precluded by
the Act. Further, because the exemption is limited to a specific
incident or activity, an employer is precluded from using the exemption
in situations where the so-called ``ongoing investigation'' is
continuous. For example, the fact that items in inventory are frequently
missing from a warehouse would not be a sufficient basis, standing
alone, for administering a polygraph test. Even if the employer can
establish that unusually high amounts of inventory are missing from the
warehouse in a given month, this, in and of itself, would not be a
sufficient basis to meet the specific incident requirement. On the other
hand, polygraph testing in response to inventory shortages would be
permitted where additional evidence is obtained through subsequent
investigation of specific items missing through intentional wrongdoing,
and a reasonable suspicion that the employee to be polygraphed was
involved in the incident under investigation. Administering a polygraph
test in circumstances where the missing inventory is merely unspecified,
statistical shortages, without identification of a specific incident or
activity that produced the inventory shortages and a ``reasonable
suspicion that the employee was involved,'' would amount to little more
than a fishing expedition and is prohibited by the Act.
(c)(1)(i) The terms economic loss or injury to the employer's
business include both direct and indirect economic loss or injury.

Also the employer must give the employee notice 48 hours indicating that the employee is entitled to counsel and if in a Union a union representitiveas well.

(2) The statement required under paragraph (a)(4) of this section
must be received by the employee at least 48 hours, excluding weekend
days and holidays, prior to the time of the examination. The statement
must set forth the time and date of receipt by the employee and be
verified by the employee's signature. This will provide the employee
with adequate pre-test notice of the specific incident or activity being
investigated and afford the employee sufficient time prior to the test
to obtain and consult with legal counsel or an employee representative.

One other thing, the employer making the employees pay is a joke. If the employer met the exception (which I doubt) the employer has to foot the whole bill. I guarantee that the requirements laid out in 801.12 for a qualified polygraph examiner time would be much higher than the $250.00 in dispute.

The employer is engaged in a strong arm tactic he more than likely is not entitled to. Contact a lawyer to clarify this. Or complain directly to the DOL.

 

[cbg]

I agree it's a very narrow exception, but it's not non-existant, and in the absence of more information I don't think we can say for certain that it does or does not exist.

I agree completely that the poster should contact an attorney about both issues.

 

[Green_Hornet]

Don't throw names around then delete yours from the response.

 

[sillysally123]

No I Deffinatly Did Not Take The Money!!!! I Would Never Do Somthing That Stupid. I Am A Brutily Honest Person! That Can Be Either Good Or Bad? Well Anyway They Are Treating Me Like I Did It! And Like I Said Before I Am The Only One Out Of 5 People Taken Off The Schedule And It Is So Unfair To An Innocent Peron Like Myself To Be Treated Like That Expessilly If I Havent Even Taken The Test Yet To Prove My Innocence. But Thanks For The Advice.

 

[Green_Hornet]

I strongly suggest you contact a lawyer familiar with the employee polygraph protection act.