EMPLOYEE POLYGRAPH PROTECTION ACT 1988

(EPPA)

                                             PROVIDE 48 HOUR WRITTEN NOTICE

The employer must provide a formal written notice to each employee who is being requested to submit to a polygraph test. This form can be acquired through Executive Protection Group Polygraph Service.

 The notice must contain the following:

•  The time, date and location of the test site of the polygraph test that will be administered
• A statement that the examinee has the right to seek counsel or see an employee representative prior to the test
• The specific loss or injury being investigated

          (DO NOT PLACE THE AMOUNT OF LOSS IF MONEY WAS STOLEN) 

• Description of the access site being investigated (i.e. office, safe, store, etc.)
• Description of reasonable suspicion that the employee is involved (means and accessibility)
• The time and date of receipt of notice by the employee verified by their signature
• Provide the examiner a list of names of the employee(s) to be examined with a formal request for an examination date

 RETAIN THE ORIGINAL COPY OF THE NOTICE ISSUED TO THE EMPLOYEE(S) WITH THEIR SIGNATURE ON IT. RETAIN THE ORIGINAL FOR A MINIMUM OF 3 YEARS FOR LEGAL PURPOSES AND PROVIDE A COPY TO THE EMPLOYEE AND TO THE POLYGRAPH EXAMINER.

 1)     AS AN EMPLOYER WHAT CAN I DO IF THE EMPLOYEE REFUSES TO TAKE A POLYGRAPH TEST?

 An employer can not take any actions against the employee because they refuse to take a polygraph test.  Actions taken must be made based on evidence of the investigation that would lead a reasonable individual to believe the employee in question committed the crime or injury or have other documentation showing the employee has violated company policies or disciplinary problems. 

 2)  WHAT IF AN EMPLOYEE CLAIMS TO HAVE A MEDICAL CONDITION THAT PREVENTS THEM FROM TAKING           

        THE POLYGRAPH TEST?

The employee must present to the polygraph examiner a legal document from a bonifide licensed medical physician that explains the medical condition that is not permitting them from taking a polygraph test.  The trained professional examiner may also determine that the employee may not be fit to take a polygraph test, based on specific questions asked of the employee during an interview.

 3)     AS AN EMPLOYER CAN I TERMINATE /SUSPEND OR TAKE OTHER ACTIONS AGAINST AN EMPLOYEE WHO

          FAILS A POLYGRAPH TEST?

The employer may only take action against the employee if they have documented evidence that supports facts that the employee caused the loss or injury along with the collaboration of the polygraph test results. An Employer may not terminate based solely on the final results of a polygraph examination.

 4)     AS AN EMPLOYER  MUST  I INTERVIEW THE EMPLOYEE AFTER THE POLYGRAPH TEST.

Prior to any action taken by the employer or his authorized personnel, the employer must interview the employee(s) and share the results of the polygraph test along with any other facts found to support actions to be taken against the employee(s).

 5)     AS AN EMPLOYER WHO CAN I DISCUSS THE POLYGRAPH TEST RESULTS WITH?

You may only discuss the results of the polygraph test with the employee who submitted to the test and any authorized personnel who are directly involved in the investigation. If anyone else is to be informed of the test results the employee must give written authorization prior to any discussion.

 6)     WHAT IS THE PUNISHMENT SHOULD THE EMPLOYER VIOLATE THE EPPA?

Any employer who violates the rules of the EPPA can face a maximum fine of $10,000 for each violation and possible incarceration by the courts as well as any civil actions from the employee.