Polygraph Testing??

[Community Alumni]

I am applying for a position and this is in the agreement that they want me to sign.

"further agrees to random polygraph testing throughout the term of employment only as it may relate to items that could affect, influence, or subject the company to misappropriation, defalcation, inappropriate actions or the like."

Has anyone seen this before? I do not think I want to do this.

JimR

[time2roll]

JimR 1 wrote:
....this position will generate a W-2 some thing that can and may not work well for me....

I would worry more about an employer that was just cash and carry as compared to a polygraph test.

[D_E_Bishop]

What a good and reasonable used of logic and common sense.

[JC2]

JimR 1 wrote:
Update I have declined this Workamping position because of the polygraph test and that this position will generate a W-2 some thing that can and may not work well for me. Also a glitch in a test could hurt me down the road in my current position and future positions.

Bottom line I have a good reputation and a good position that a screwed up test would totally mess up.

Thanks to all who posted.

JimR

Good choice!

[Community Alumni]

Update I have declined this Workamping position because of the polygraph test and that this position will generate a W-2 some thing that can and may not work well for me. Also a glitch in a test could hurt me down the road in my current position and future positions.

Bottom line I have a good reputation and a good position that a screwed up test would totally mess up.

Thanks to all who posted.

JimR

[Community Alumni]

Organized Obie wrote:
Jes make sure your wife is not asking the questions.

:E:E:E

[Organized_Obie]

Jes make sure your wife is not asking the questions.

[rockhillmanor]

I would not sign it.

Do a search within EEOC or EPPA, you'll find that they can not include that in a requirement and/or for continued employment. With some exceptions of some government reqs.

Employee Polygraph Protection Act (EPPA)
https://www.dol.gov/whd/polygraph/
The EPPA prohibits most private employers from using lie detector tests, either for pre-employment screening or during the course of employment. Employers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline, or discriminate against an employee or job applicant for refusing to take a test or for exercising other rights under the Act........

If you really want the job I would print the EPPA and show it to them that they are in violation, or don't sign it and show them that you have the right not to sign it, and/or report them. Someone needs to do it.

[Thom02099]

JimR 1 wrote:

JimR 1 wrote:
I am applying for a position and this is in the agreement that they want me to sign.

"further agrees to random polygraph testing throughout the term of employment only as it may relate to items that could affect, influence, or subject the company to misappropriation, defalcation, inappropriate actions or the like."

Has anyone seen this before? I do not think I want to do this.

JimR

Let me clear up a couple things this is for a Workamping position in a RV Resort in the southwest in exchange for the site (up to 24 hrs week) maintenance, escorting people to there site ect. ect. The position does generate a W-2.

The position I am now in does require a background check and a lot of trust in me.

I was just looking for opinion and thank you all for posting your responses and ideas

JimR

A background check is to be expected, and the thoroughness of it will depend on who does the check and how far back they go.

There is a reason that polygraphs are not admissible evidence in a court of law. Their reliability is suspect and a polygraph can be "beaten".

That said, I've taken dozens of polygraphs over the years as a condition of employment in Public Safety/Law Enforcement. There are questions that can, and cannot be asked, and you will be told the questions prior to the test. There's a "dry run", so to speak.

If you want the job and have an open book life, then there should be no problem. If you believe it's an invasion of privacy, it's probably not the job for you. And you can be a very truthful person and still think it's an invasion of privacy. They are not mutually exclusive.

[path1]

Sorting out process and employer is looking for good people. Probably a position where employer has lot of liability or around high theft items. Or recently got burned because of a bad hire. Or employer spends lots of money to train you. I had same thing happen to me. 27 years later retired from the place that had real low rate of applicants to actual new hires. Our place had me go to a "private detective" for polygraph. He did nothing but ask me if my app was filled out right. He preached to me how I could be fired for a false app etc.

In todays market...between drug tests and other hurdles, it a sorting out process. Keep your name in the hat, show up.

[Community Alumni]

JimR 1 wrote:
I am applying for a position and this is in the agreement that they want me to sign.

"further agrees to random polygraph testing throughout the term of employment only as it may relate to items that could affect, influence, or subject the company to misappropriation, defalcation, inappropriate actions or the like."

Has anyone seen this before? I do not think I want to do this.

JimR

Let me clear up a couple things this is for a Workamping position in a RV Resort in the southwest in exchange for the site (up to 24 hrs week) maintenance, escorting people to there site ect. ect. The position does generate a W-2.

The position I am now in does require a background check and a lot of trust in me.

I was just looking for opinion and thank you all for posting your responses and ideas

JimR

[Walaby]

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

[westernrvparkow]

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.

[DownTheAvenue]

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.

[Dennis12]

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.