Polygraph, Lie Detection, and Lie Detector Tests for Business Losses – (EPPA)

The U.S. Chamber of Commerce estimates that 75% of employees steal from the workplace and that most do so repeatedly.

If your business has unexplained losses, thefts or shortages, there is a very good chance employees may be involved.

Many small business owners have a difficult time believing that one or more of their employees or managers are stealing from them. In many cases, the owner or manager has developed long-term friendships with employees and the personal betrayal of theft is hard to swallow or even acknowledge.

Answers to seven of the most common questions about Polygraph, Lie Detection, and Lie Detector Tests for Business Losses.

Question:
I want to know about any other thefts going on in my business and I don’t want to discriminate against any one employee, so can I have all my employees tested?

Answer:
As reasonable as it may sound to try and ‘clean house’ and discover all forms of employee theft, the Employee Polygraph Protection Act (EPPA) law does not allow for blanket polygraph testing with good reason. The law is quite clear that you can only test employees who had BOTH access to what was stolen AND for who you have established a ‘reasonable suspicion’ that they did, in fact, commit the theft.

The fewer employees tested, the more trust is maintained. Guilty employees don’t feel accused when asked to take a polygraph because they know they are guilty, however, when innocent employees are asked to take a polygraph test, they feel accused and as though the boss doesn’t trust them. The law actually does a good job of limiting suspicion to where it is needed and this helps to maintain overall employee morale during the investigation.

Question:
Can the polygraph & lie detection testing be done at our business since the employees are there every day anyway?

Answer:
As a general rule, testing is better conducted at a different location than the business location. A few reasons for this are:

1. Whether an employee being polygraph & lie detection tested is guilty or innocent, having to go into a polygraph & lie detection test in front of all the other employees can cause unnecessary embarrassment.

2. If multiple employees are being tested on the same day, I can assure you they will gossip with each other before, during and after the polygraph & lie detection tests which can undermine the overall investigation. Having individual appointments unknown to the other examinees at an off-site location is always preferable.

3. Experience shows that taking the employees to be polygraph & lie detection tested outside of their natural working environment for the polygraph & lie detection test brings a higher level of cooperation and sharing of information.

Question:
How much do the polygraph & lie detection tests cost and is there a discount if several employees need to be tested?

Answer:
Since there is no way to shorten or give a partial polygraph test, an examiner’s fees cannot be made up in ‘volume’ . Each test requires the examiner to spend 1 1/2 – 3 real man hours, therefore each test carries its own fee. Our testing fees vary per exam depending on complexity. See our pricing page for specifics. Call to discuss pricing.

Question:
When will I be able to get the results of the polygraph & lie detection tests?

Answer:
The results can be given verbally immediately after finishing the last employee polygraph & lie detection test. A written report will follow 2 -3 business days after.

Question:
If the first employee tested fails and confesses to the theft, can I cancel the remaining polygraph & lie detection tests?

Answer:
Yes, you can, but I would not suggest it. Having more than one employee involved in theft is commonplace, as is one employee covering for another. If you established reasonable suspicion, there is probably a good reason for that and it is suggested that you follow through with testing all reasonable suspects.

Since time has already been committed, there are no refunds on canceled tests or no shows.

Question:
Can I fire the employees who failed the polygraph & lie detection test based solely on those results?

Answer:
No. But you can fire them based on the results of the polygraph & lie detection exam IF you also have supporting evidence and IF you let the employee know in writing that you are firing them based on all of the evidence, not just the polygraph alone.

Bottom line. The polygraph is only one aspect of the overall investigation and should be considered as such when taking action against any employee.

** Even though this will keep you in compliance with the federal EPPA law, its wise to receive counsel on any nuances with state labor laws before taking action.

Question:
Can I fire an employee who refuses to take the polygraph & lie detection test?

Answer:
Yes and No. Any person or employee always has the right to refuse to take a polygraph test. However, if you have established reasonable suspicion that this employee was involved in the theft, then you can fire them for non-cooperation and insubordination if they refuse to take the polygraph. Why? Because in reality, you are not firing them for not taking a polygraph, but rather due to the supporting evidence and the fact they are choosing to not cooperate in your investigation. No one realizes more than me that what I just told you was a matter of semantics rather than substance. But when it comes to the EPPA law, it is important to do and say things in the right way to avoid the risk of retaliation by a vexed employee.

** Even though this will keep you in compliance with the federal EPPA law, its wise to receive counsel on any nuances with state labor laws before taking action.

If you wish, you can read our complete list of frequently asked questions.

Contact us at anytime at (800) 497-9305 to discuss polygraph testing for your case.