Tell us
what you think
Our Sponsors
 |
Our Sponsors
|
Question & Answer
Question: We have had a mysterious disappearance of a lot of money in one of our branches. We hired an outside investigator, who, after his preliminary questioning, wants us to require everyone in the office to take a polygraph. I'm pretty sure I remember reading somewhere that this is not a good idea - but I can't remember where I read it or why it isn't?! Can you help?
Answer: This is one question where all of our advisors who are security experts and ex-law enforcement agree 100%. Don't even THINK about it! First, go read the notice that has to be posted in every one of your offices from the Department of Labor about the Employee Polygraph Protection Act.
We don't know where your outside investigator came from, but we're betting he is ex-law enforcement. Police departments, state troopers, etc., do have certain polygraph privileges the private sector no longer has. The laws and protections concerning polygraphs have changed immensely in the last ten years.
In the first place, you cannot "require" your people to take a lie-detector test. And if they don't choose to take the polygraph, that refusal cannot be used as any type of evidence or prejudice against them. There has to be a 48 hour waiting period before the test can be administered to anyone who offers to take it. And it must be given only to individuals "who are reasonably suspected of involvement in a workplace incident that resulted in economic loss to the employer." You also should have independent evidence other than the anticipated polygraph results. You cannot use it as a fishing expedition. Your suspicions must be fully justified and documented. The questions to be asked must be written and submitted ahead of time to the suspect.
Now, even if you have taken all these precautions, one of our advisors says, if you decide to go ahead and do it, prepare to be sued - no matter what the outcome! The damages that have been awarded in the past by the courts may convince you that it might cost you a whole lot less to absorb the loss.
We'd suggest a good, thorough investigation by your auditor and your security officer. They're successful much more often than not in solving these "mysterious" thefts.
Copyright © 1998 Bankers' Hotline. Originally appeared in Bankers' Hotline, Vol. 8, No. 1, 1/98
Rate This Article
Current Rating For the Feature:
| Total Ratings for this Feature: 0 |
|