Polygraph Testing??

If it's a condition of employment, and you want the job, I guess you will agree to it. If you don't agree, then that's your decision and it's their decision to pass on your application.

Mike

Just a quick additional point. If agreeing to take a polygraph under conditions laid out by the Federal EPPA is part of your employment contract, it offers the employer an easy way to terminate an employee should they refuse the test while investigating a loss. (An employee who has something to hide would be most likely to refuse a polygraph under those circumstances). Often it is the reaction to a pending polygraph that weeds out the guilty from the innocent.

I am an attorney, but not familiar with South Dakota law. On the surface, that requirement does not appear legal and binding. I bet it is something that was drawn up from within the company, probably by a manager thinking they would be doing polygraphs. I can tell you that doing random polygraphs would be cost prohibitive and would yield nothing. Those tests are not rock solid, and testing all employees with the question, "Have you ever stolen anything from the company?" would yield a positive from someone who considers taking home a paper clip stealing. Half the employees could respond positive to that question.

I would not worry about that clause. If it is a job you want, then sign the agreement. It probably is not legal and enforceable. The likelihood of random polygraph tests affecting your employment is slim to none.

No legal service needed. That's their right to do if they want. Fact. Do you want the position or not? Now its your decision.

bgum wrote:
Polygraph results will never help you. If found lying or evasive you are guilty. If found not lying or evasive you may not be guilty. Walk away.

X2

Polygraphs do NOT clear a person.....



And as WRVPO posted they can NOT be done 'randomly'
SO ask the 'employer' about the EPPA and why they are NOT complying with those requirements.

Polygraph results will never help you. If found lying or evasive you are guilty. If found not lying or evasive you may not be guilty. Walk away.

If you want the work and you are an honest person I would not worry about the polygraph.
Just a few minutes of borish questions. Not like it was a blood test or something.

Ralph Cramden wrote:
The best advice I can give is don't get your legal and potential employment advice from an online forum. Go talk to someone who knows about it, such as your attorney.

X2

If this is in conjunction with something like a gate security position, especially if it relates to something like the pipeline construction or drilling operations in Wy or the surrounding satates I could understand it. Companies are likely having a hard time weeding out protesters who try to get jobs , only to allow large numbers of protestors to infiltrate a location. So, I guess it depends on what the job is doing. Campground host, NO, pipeline security considering the possible damage, yes, I think its reasonable.

I too would be apprehensive but how lucrative is the position? It may be a bad idea to turn something down over this.

The best advice I can give is don't get your legal and potential employment advice from an online forum. Go talk to someone who knows about it, such as your attorney.