Can an employer have an employee take a polygraph examination?
Yes, but only under certain conditions. The Employee Polygraph Protection Act (EPPA) of 1988 requires that the employer have suffered a specific economic loss, that the employee to be examined had access to the missing property or loss, and that the employee is suspected of involvement in the missing property or loss beyond mere access. If these conditions are satisfied, the employer must make a request in writing that the employee take the polygraph examination. We can provide a form for such requests. This request must advise the employee that the polygraph examination is voluntary and that no action can be taken against him/her solely for refusing to take it. The employee must also be advised of the incident under investigation, his/her legal rights, and a number of other notifications required under the law. This request must be presented to the employee at least 2 business days prior to the scheduled polygraph examination. Polygraph examination questions must be limited to the spe
