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Employee Polygraph Protection Act Pg. 1

Additional Information

Ensure the polygraph examiner or polygraph company you are trusting to administer an Employee Polygraph Protection Act examination for your company and for your employees has been administering this specific kind of  examination not just any regular polygraph examination. Has been administering this specific type for a minimum of  (15 plus) years or this will cost you personally, the loss of your company and family thousands of dollars in fines, law suits and potential prison time.  This is a very serious federal protected law polygraph exam. Not to be considered any regular polygraph exam.

There have been many examiners who have refused to accept this kind of examination to administer due to the complex laws, rules and sensitivity that must be strictly adhered to.  Also there have been examiners in the state who say they can do this kind of examination because they just want your hard earn money, but have cost companies and owners greatly as they had little experience and did not have the proper documentation or knowledge in this complex polygraph exam.  They have also harmed the employers, employees and business. Do not allow an examiner who just because they have a polygraph license or say they can do this very important exam for a cheaper price take on this extremely sensitive and delicate polygraph examination for you,  your company and your employees. It may cost you greatly in the end both financially and possibly Federal Criminal actions.  This should be trusted with an examiner with many years of experience handling cases like this who has experience with large corporations and small businesses and has never ever had a company, client or employee harmed.   Other examiners have sent their potential clients to Executive Protection Group to handle this type of polygraph because of the complexity and the experience Executive Protection Group has over the others.  


 

EPPA FACTS

EMPLOYEE POLYGRAPH PROTECTION ACT 

(EPPA)

Section 801.12 of the Federal Registrar 1988

 
 

CAN I AS AN EMPLOYER ASK AN EMPLOYEE TO TAKE A POLYGRAPH TEST?

Yes, under certain conditions an employer may request that an employee submit to a polygraph examination. The provided information will guide you as an employer with the necessary steps in order for you, the employer, to ask an employee to take a polygraph test. All guidelines must be met and should be strictly adhered to in order to avoid any unnecessary legal actions against the employer and business.

 
 

THE FOLLOWING QUESTIONS MUST BE ANSWERED AS "YES" BY THE EMPLOYER IN ORDER FOR A EMPLOYEE TO BE ASKED TO SUBMIT TO A POLYGRAPH TEST:

 
 

1)     IS THE PERSON IN QUESTION A PRESENT EMPLOYEE?


  • If the employee is currently employed and is working under me, as the employer, than EPPA guidelines      apply.           

2)     DO I HAVE A POSTER DISPLAYED AT WORK FOR ALL MY EMPLOYEES TO REVIEW  THE EPPA RULES?

  • I must display a poster that shows the guidelines of the EPPA for all employees to see.  

3)     AS AN EMPLOYER DO I HAVE A LOSS OR INJURY? 

  • Can I document an ongoing investigation that will identify specific economic loss or injury to my company? Loss can be direct or indirect. Examples of  direct loss are: Theft, Embezzlement, misappropriation, Inventory      Shortage. Indirect loss would be money laundering.

4)     AS AN EMPLOYER DO I HAVE A LEGITIMATE ONGOING INVESTIGATION?

  • Does my company have an internal ongoing investigation that is being conducted and will show a specific loss or injury?

(a) DOES THE PERSON IN QUESTION HAVE ACCESS?

  • Does the employee who is  being investigated have access to the target areas,      objects missing or equipment related to the loss or injury under investigation?

(b)  IS THERE REASONABLE SUSPICION THAT A SPECIFIC PERSON COMMITTED THE CRIME?

  • As an employer, I must be able to verbalize in detail reasonable suspicion, which has been determined through the ongoing investigation that will show why I, as an employer, suspects an employee of causing the      loss or injury.

(c) HAVE I INCLUDED ALL POTENTIAL NAMES OF SUSPICIOUS INDIVIDUALS ON A LIST?

  • You, as the employer, shall provide to the polygraph examiner every potential      suspicious individual on a list. This list should include all the   employees that had access to the targeted site in question or any employee who had knowledge of the loss or injury. Ensure the examiner      or polygraph company you are trusting to administer an      Employee Polygraph Protection Act examination for your company and for your employees has been administering this specific      kind of  examination not just regular polygraph examinations for many years (17 plus) or this will cost you, your company  and family thousands of dollars in fines and potential prison time. There  have been many examiners who have refused to accept this kind of      examination to administer due to the complex laws, rules and sensitivity that must be strictly adhered to. Also there have been examiners who  say they can do it and have cost companies greatly because they did not  know what they were doing, had little experience or did not have the  proper documentation and did it just for money purposes and have  harmed the employers, employees and business. Do not allow an examiner who      just because they have a polygraph license or say they can do this exam for a cheaper price take on this extremely sensitive type of polygraph      examination for you,  your company and your employees or it may cost you greatly in the long run financially and possibly criminal actions. This is a Federally Protected Polygraph Examination and this should be trusted with an examiner with many years of experience handling cases like this.  Other examiners have sent their potential clients      to Executive Protection Group to handle this type of polygraph because of the complexity and the experience Executive Protection Group has over the others.

    Executive Protection Group Polygraph Service has been      administering this type of  specific examination for 17 years and has numerous large corporations, companies and  businesses that can verify and prove that they trust  no one else, but Executive Protection Group Polygraph Service and examiner  Mr. David Goldberg with this type of examination.


    EMPLOYEE POLYGRAPH PROTECTION ACT (EPPA)

    Section 801.12 of the Federal Registrar 1988

    CAN I AS AN EMPLOYER ASK AN EMPLOYEE TO TAKE A POLYGRAPH TEST?
     Yes, under certain conditions an employer may request that an  employee submit to a polygraph examination. The provided information  will guide you as an employer with the necessary steps in order     for you, the employer, to ask an employee to take a polygraph test. All guidelines must be met and should be strictly adhered to in order to avoid any unnecessary legal actions against the employer and business.

    THE FOLLOWING QUESTIONS MUST BE ANSWERED AS      "YES" BY THE EMPLOYER IN ORDER FOR A EMPLOYEE TO BE ASKED TO SUBMIT TO A POLYGRAPH TEST:

    1)  IS THE PERSON IN QUESTION A PRESENT      EMPLOYEE?

    If the employee is currently employed and is working under me,  as the employer, than EPPA guidelines      apply.           

    2)  DO I HAVE A POSTER DISPLAYED AT WORK FOR      ALL MY EMPLOYEES TO REVIEW  THE EPPA RULES?

     I must display a poster that shows the guidelines of  the EPPA for all employees to see.  

     3)  AS AN EMPLOYER DO I HAVE A LOSS OR      INJURY?

    Can I document an ongoing investigation that will identify specific  economic loss or injury to my company? Loss can be direct or indirect.      Examples of direct loss are: Theft, Embezzlement, misappropriation, Inventory Shortage. Indirect loss would be money laundering.

     4)  AS AN EMPLOYER DO I HAVE A  LEGITIMATE ONGOING INVESTIGATION?

     Does my company have an internal ongoing      investigation that is being conducted and will show a specific loss or injury?

     (a) DOES THE PERSON IN QUESTION HAVE ACCESS?

     Does the employee who is  being investigated have access to the target areas, objects missing or equipment related to the loss or injury under investigation?

     (b) IS THERE REASONABLE SUSPICION THAT A SPECIFIC  PERSON COMMITTED THE CRIME?

     As an employer, I must be able to verbalize in detail      reasonable suspicion, which has been determined through the ongoing investigation that will show why I, as an employer, suspects an employee of causing the loss or injury.

     (c) HAVE I INCLUDED ALL POTENTIAL NAMES OF SUSPICIOUS INDIVIDUALS ON A LIST?

     You, as the employer, shall provide to the polygraph examiner every potential suspicious individual on a list. This list should include all the employees that had access to the targeted site in question      or any employee who had knowledge of the loss or injury.

   

Find out more

Employee Polygraph Protection Act Pg. 2

Additional EPPA Facts

EMPLOYEE POLYGRAPH PROTECTION ACT 1988
                                                  (EPPA)
 

IF YOU ANSWERED YES TO ALL OF THE QUESTIONS ON THE PREVIOUS PAGE AS AN EMPLOYER. THEN YOU MAY FORMALLY REQUEST AN EMPLOYEE(S) TO SUBMIT TO A POLYGRAPH TEST.  PRIOR TO THE FORMAL REQUEST THE EMPLOYER MUST ALSO DO THE FOLLOWING:
                   PROVIDE 48 HOUR WRITTEN NOTICE
 

The employer must provide a formal written notice to each employee who is being requested to submit to a polygraph test. This form can be acquired through Executive Protection Group Polygraph Service.
 

The notice must contain the following:
 

The time, date and location of the test site of the polygraph test that will be administered
A statement that the examinee has the right to seek counsel or see an employee representative prior to the test
The specific loss or injury being investigated
 

  (DO NOT PLACE THE AMOUNT OF LOSS IF MONEY WAS 

    STOLEN)
 

Description of the access site being investigated (i.e. office, safe, store, etc.)

 Description of reasonable suspicion that the employee is involved (means and accessibility)


The time and date of receipt of notice by the employee verified by their signature


Provide the examiner a list of names of the employee(s) to be examined with a formal request for an examination date
 

RETAIN THE ORIGINAL COPY OF THE NOTICE ISSUED TO THE EMPLOYEE(S) WITH THEIR SIGNATURE ON IT. RETAIN THE ORIGINAL FOR A MINIMUM OF 3 YEARS FOR LEGAL PURPOSES AND PROVIDE A COPY TO THE EMPLOYEE AND A COPY TO THE POLYGRAPH EXAMINER.
 

1)  AS AN EMPLOYER WHAT CAN I DO IF THE EMPLOYEE REFUSES TO TAKE A POLYGRAPH TEST?
 

An employer can not take any actions against the employee because they refuse to take a polygraph test.  Actions taken must be made based on evidence of the investigation that would lead a reasonable individual to believe the employee in question committed the crime or injury or have other documentation showing the employee has violated company policies or disciplinary problems.
 

2)  WHAT IF AN EMPLOYEE CLAIMS TO HAVE A MEDICAL CONDITION THAT PREVENTS THEM FROM TAKING           
 

       THE POLYGRAPH TEST?
 

The employee must present to the polygraph examiner a legal document from a bonifide licensed medical physician that explains the medical condition that is not permitting them from taking a polygraph test.  The trained professional examiner may also determine that the employee may not be fit to take a polygraph test, based on specific questions asked of the employee during an interview.
 

3)  AS AN EMPLOYER CAN I TERMINATE /SUSPEND OR TAKE OTHER ACTIONS AGAINST AN EMPLOYEE WHO
 

         FAILS A POLYGRAPH TEST?
 

The employer may only take action against the employee if they have documented evidence that supports facts that the employee caused the loss or injury along with the collaboration of the polygraph test results. An Employer may not terminate based solely on the final results of a polygraph examination.
 

4)    AS AN EMPLOYER  MUST  I INTERVIEW THE EMPLOYEE AFTER THE POLYGRAPH TEST.
 

Prior to any action taken by the employer or his authorized personnel, the employer must interview the employee(s) and share the results of the polygraph test along with any other facts found to support actions to be taken against the employee(s).
 

5)  AS AN EMPLOYER WHO CAN I DISCUSS THE POLYGRAPH TEST RESULTS WITH?
 

You may only discuss the results of the polygraph test with the employee who submitted to the test and any authorized personnel who are directly involved in the investigation. If anyone else is to be informed of the test results the employee must give written authorization prior to any discussion.
 

6)  WHAT IS THE PUNISHMENT SHOULD THE EMPLOYER VIOLATE THE EPPA?
 

Any employer who violates the rules of the EPPA can face a maximum fine of $10,000 for each violation and possible incarceration by the courts as well as any civil actions from the employee.
 

Trust no one else with your Employee Polygraph Protection Act Examinations than Executive Protection Group Polygraph Service and Examiner Mr. David Goldberg. They have more experience and more knowledge of this kind of examinations than any other polygraph company or examiner in the Hampton Roads/Tidewater Area. Why put your business and your finances in jeopardy with someone else?

 

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