A: Yes, but only under certain conditions. The Employee Polygraph Protection Act of 1988 requires that the employer have suffered a specific economic loss, that the employee to be tested had access to the missing property or loss, and that the employee is suspected of involvement in the missing property or loss beyond mere access. If these conditions are satisfied, the employer must make a request in writing that the employee take the exam. We can provide a form for such requests. CLICK HERE to get the form. This request must advise the employee that the exam is voluntary and that no action can be taken against him/her solely for refusing to take it. The employee must also be advised of the incident under investigation, his/her legal rights, and a number of other notifications required under the law. This request must be presented to the employee at least 2 business days prior to the scheduled exam.

Questions must be limited to the specific loss only. The examiner is not permitted to ask questions about losses other than those listed in the notification form.

If an employee "fails" a polygraph under these conditions, the employer still may not take action against the employee without additional supporting evidence indicating the employee's involvement in the loss.