Yes, but only under certain conditions. The Employee Polygraph
Protection Act of 1988 requires that the employer have suffered a specific economic
loss, that the employee to be tested 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 exam. We can provide a form for
CLICK HERE to get the form. This request must advise the employee that
the exam 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 exam.
Questions must be limited to the specific loss only. The examiner is not permitted
to ask questions about losses other than those listed in the notification form.
If an employee "fails" a polygraph under these conditions, the employer
still may not take action against the employee without additional supporting evidence
indicating the employee's involvement in the loss.