QUESTION
Can an employer require a polygraph test and fire you and charge you with theft if you fail?
Asked on Jan 28th, 2016 on Labor and Employment - Tennessee
More details to this question:
The restaurant that I manage was robbed. Upper management is convinced it was one of the 5 managers that work there. We were told we had to take and pass a polygraph. The person that fails it is going to be arrested and charged with theft. Is this legal?
1 ANSWER
4 Awards
The federal Employee Polygraph Protection Act prohibits private (non-governmental) employersfrom subjecting employees to a polygraph. However, there are some exceptions. For example, in certain limited situations, an employer may require a polygraph of an employee who it reasonably suspects may have been involved in certain workplace incidents that led to an economic loss for the employer.
Answered on Jan 29th, 2016 at 12:43 PM
I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.