Results 1 to 10 of 12

Hybrid View

  1. #1
    Join Date
    Aug 2008
    Posts
    5

    Default Refusing a Polygraph

    My question involves labor and employment law for the state of: South Carolina

    I am a highschool math teacher and I take up a part time job most summers for the extra income. This summer, I ended up working at a convenience store. Today, I received a call at home about an incident at the store involving some missing money, and that I would be required to take a polygraph test this coming Thursday.

    The money had gone missing from a combination safe inside the manager's office (which no employee is allowed); also, only the manager and assistant manager (to my knowledge) know how to open the safe. The assistant manager is and has been out of town for the past month or so attending to another store. The manager has a history of misplacing things (a month ago I found two thousand dollars just sitting on top of our main safe; I put said money in the main safe after calling her and informing her of it).

    I was told the amount missing is less than 300 dollars. I was also on shift the day of the incident.

    Anyway, my questions: Do I have the right to refuse this polygraph test without any repercussions? Will taking or not taking this polygraph have any effect on my teaching position? can/will the district be given information on it since they are part of the government?

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Refusing a Polygraph

    Research the "Polygraph Protection Act" of 1988, this I am familiar with.

  3. #3
    Join Date
    Aug 2008
    Posts
    5

    Default Re: Refusing a Polygraph

    I have a copy of this act printed out already.

    It states: "it shall be unlawful for any employer engaged in or affecting commerce or in the production of goods for commerce--- 3)to discharge, discipline, discriminate against in any manner, or deny employment or promotion to, or threaten to take and such action against--- A)any employee or prospective employee who refuses, declines, or fails to take or submit to any lie detector test."

    There are other number and letters that I left out since they don't seem to apply; there are also some exceptions that follow, but I don't follow it as well as I would like. I'm a math teacher for a reason, english (read: legal jargon) isn't my strong point.

  4. #4
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Refusing a Polygraph

    If I remember parts of the act, it excludes such as security personnel engaged in such as money transfer, bank guards, etc., and employees who deal in Drug manufacture, etc. I have not looked at it yet, it was many years ago..


    If you are concerned about the "commerce" part, don't be, it includes you, just as the federal miniumum wage states it applies to any employer engaged in interstate commerce, which generally means everyone.

    You work in a store, if the can of peas you sell came from out of state "interstate commerce" you are covered. Every business, in some way, engages in Interstate commerce.

    I hope that makes some sense, but if it does not, trust me, you are covered.

    I do seem to remember a clause which also states the employer can NOT even ask you to take a PG unless they strongly believe you are involved, and still, you can refuse.

    BOR *Bill of Rights*

  5. #5
    Join Date
    Aug 2008
    Posts
    5

    Default Re: Refusing a Polygraph

    Thanks, BOR. I was pretty sure I was reading that part of the Act correctly; however, the exemptions I was concerned about.

    Something along the lines of: if they can reasonably suspect me in theft, that I cannot refuse?

    Can they reasonably suspect me of this even though I do not have the means to open the safe from which the money had gone missing?

  6. #6
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Refusing a Polygraph

    Quote Quoting RubberBand
    View Post
    Thanks, BOR. I was pretty sure I was reading that part of the Act correctly; however, the exemptions I was concerned about.

    Something along the lines of: if they can reasonably suspect me in theft, that I cannot refuse?

    Can they reasonably suspect me of this even though I do not have the means to open the safe from which the money had gone missing?
    I will have to go over the act again, later tonight, but from what I remember even if they strongly suspect you and they ask, you can still refuse??

    I will get back early in the AM after I read it, or someone else can jump in!!

    If you did not have access to the safe anytime, even it was left open, I don't see how they can suspect you?? Sounds like they are fishing for a scapegoat!!

    1. Sponsored Links
       

Similar Threads

  1. Roommates: Roommate Refusing to Pay, No Notice, Refusing to Leave
    By contmatt132 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 05-08-2011, 08:38 PM
  2. Polygraph Test
    By Guilty Or Not Guilty in forum Debate the Issues
    Replies: 21
    Last Post: 10-18-2010, 09:29 AM
  3. Polygraph for Citizen's Complaint
    By huntsab in forum Police Investigations
    Replies: 2
    Last Post: 10-10-2009, 01:33 PM
  4. Criminal Investigations: Polygraph Testing in California
    By Thrack in forum Police Investigations
    Replies: 5
    Last Post: 11-28-2007, 06:46 PM
  5. Sex Offenses: Discovery of Polygraph Test Results
    By RWright in forum Criminal Charges
    Replies: 4
    Last Post: 06-02-2006, 08:13 PM
 
 
Sponsored Links

Legal Help, Information and Resources