Polygraph testing only one employee

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plbartie

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Hi Guys
My girlfriend recently started a new job at a smallish company and there has been an incident where someone broke into the place and stole money out of the safe.
Shes only been there for 2 months, still on a 3 month contract.
Police are investigating everything, but now they suspect its her because someone on the inside was involved. (They knew where the safe keys where).
I've known her for 5 years and she wont even take candy from a baby.
They told her today that she is going for a Polygraph test tomorrow, its part of the police investigation.
She is the only one going for this test, how F@"t up is that?
The thing is that there have been builders on site, with one of the ladies in charge of the builders even having a key to the place.
She is in a state and don't know what to do.
Is it even legal to only take her for the test?
 
I'd be surprised if they could force her to, since most countries have laws against self incrimination. Ie, if she knew she was guilty, and that taking a polygraph would reveal her guilt, she could refuse to take one. I think.

I was going to say just take the test anyway, but....

Why do they suspect her? I'd be pissed if I was her. If you suspect me, then arrest me. Get all your evidence in place, show me that you can prove motive and whereabouts. Dont use the polygraph as a fishing tool.

I hear polygraph tests are notoriously unreliable anyway. I dont think they would gain much from it.

I guess you have to weigh up, is it worth fighting this considering she is innocent, or is the lack of trust and the way they have handled it enough to show that its not the kind of company she wants to work for?
 
plbartie said:
Hi Guys
My girlfriend recently started a new job at a smallish company and there has been an incident where someone broke into the place and stole money out of the safe.
Shes only been there for 2 months, still on a 3 month contract.
Police are investigating everything, but now they suspect its her because someone on the inside was involved. (They knew where the safe keys where).
I've known her for 5 years and she wont even take candy from a baby.
They told her today that she is going for a Polygraph test tomorrow, its part of the police investigation.
She is the only one going for this test, how F@"t up is that?
The thing is that there have been builders on site, with one of the ladies in charge of the builders even having a key to the place.
She is in a state and don't know what to do.
Is it even legal to only take her for the test?
Click to expand...

Yea this is not a nice thing to go through, if you are innocent. And if she is, then she has got nothing to worry about.

As for the legality, yes it is legal, but they need to have a reason for suspecting her... I work in the security industry and we often have to Polygraph employees due to the nature of the industry... It can be one guy on a site or the whole team. It depends on the circumstances...

EDIT: Another reason they might only be polygraphing her is because it's KAK expensive to do them, so the company can maybe only afford for one or two tests and then decided to choose "the most likely suspect", which in this case doesn't sound like your gf, and more like the contractors/builders who were on-site.
 
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I think it is illegal to force someone to take the test, they have to agree to take it. Problem is if she refuses the test she has to consider moving on because they'll likely make her uncomfortable. It sounds like she's not in a state to take the darn test anyway, she could fail it simply because she's too nervous about the lack of trust in her. I'd refuse the test, show them a finger and go to the CCMA - constructive dismissal.
 
I hope it is not her employers that suggested to the police.
 
carstensdj said:
Yea this is not a nice thing to go through, if you are innocent. And if she is, then she has got nothing to worry about.
Click to expand...

Except for the fact that polygraph tests aren't infallible and innocent people are regularly convicted of crimes they didn't commit.

And even if she is found innocent and no-one gets caught for the offence, there will always be lingering suspicion (gossip's a bitch) and her reputation would take a hit.

I hope everything works out ideally, but the pessimist in me just sees problems and it starts when a polygraph test is brought into an investigation. You know they've got nothing to work with and are just looking for someone to crucify when they start using fallible testing methods that primarily rely on interpretation.

She has every reason to worry.

Best of luck to her.
 
carstensdj said:
As for the legality, yes it is legal,
Click to expand...

Legal != admissible. I'd go with Anca's words here: the trust is broken, the treatment is crap. Does she want to work for these people any longer?

This is what happened in the case of Amalgamated Pharmaceuticals Ltd v Grobler NO and others (2004) 13 LC 1.11.3 where the third, fourth and fifth respondents were dismissed for misappropriation of company property. A polygraph test showed that they could be responsible for the serious stock losses suffered by the applicant. The Labour Court agreed with the reasoning of the Commissioner who found that, in practice, a polygraph does not serve to prove that someone is actually lying, for the questions are often too broad to exclude that which is neither intended nor sought. And it most definitely does not prove that someone is guilty. It is merely an indication of deception.
Click to expand...

plus more.

and more
 
I would want to hear more from them why they suspect her. Was she the only one in the office at the time? Likely they dont have a good reason for suspecting her other than shes new.

In which case... hello is that the ccma?
 
Here's a nice Q&A on it - you can't compelled to take the test.
http://www.polyinstitute.co.za/?mid=170400&thetopparent=170396&Polygraph FAQs.html#

Looks like being freaked out is ok,
Does nervousness affect the examination results?
The polygraph technique allows for the level of a person's general nervous tension. Most individuals will be nervous before and during a polygraph examination. However, this only affects the level from which recordings are made and does not affect the result of the examination, i.e. although the level of nervousness will affect the individual's physiological baseline, it will not affect the variations on the baseline and consequently the result of the examination.

Can a person be compelled to take a polygraph examination?
Unless contracted as such, no person can be compelled to undergo a polygraph examination.
 
Monday morning she arrived at the office at 8:30 and she found everything out of place, everything in the kitchen was thrown out. She realized that someone broke into the place. She called cops, and the boss an everything.
But here comes the weird part, another lady that has been working there for a couple of years was apparently there in the morning at around 7:30 and she said when she got there everything was in place and there was nothing wrong.
So now whoever broke into the place did it in 30 minutes, 8 o clock in the morning. I think its bull shait.
Now because the other lady has been working there for a couple of years, my girlfriend is now suspected that she did it as her story doesn't make sense.
The bloody woman that was there at 8 is not going for a polygraph????

I told her to arrange for a meeting with him tonight and explain to him exactly how she feels about this whole thing.
But as you guys said, how can you ever go back to a place where your boss suspects you of theft?

She was really happy at this place, and got a good salary. Almost double the amount of her last job, so would she screw it up?
 
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Thats weird.

Yeah I dont know what to recommend. But perhaps try to make the boss understand that she feels she is being accused unfairly. Ask him why he does not want to give the other lady a polygraph.

EDIT:

One thing to bear in mind...

"So why did you leave your previous job?"
"Well they accused me of theft."
"Really? We'll get back to you."

I suppose you would not have to tell them that - perhaps it would be better to say the working environment was hostile. But something worth thinking about.
 
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Shes only been there for 2 months, still on a 3 month contract.
Click to expand...

Non permanent staff are an easier target. Maybe the guilty person is taking advantage of the situation :(
 
why isn't the other woman also under going the polygraph test seeing as she was there before her? i would insist that this woman also undergo the test.
 
dualmeister said:
Non permanent staff are an easier target. Maybe the guilty person is taking advantage of the situation :(
Click to expand...
Sounds to me like this^ is exactly what's happening, but then you also need to look at this from the employers perspective... He has his assets to think about and is probably more interested in finding the real culprit as apposed to just blaming the easiest target. BUT what they might be doing is checking the easiest target first, not knowing what to expect, and if she is innocent, they will then start the messy business of sifting through the more permanent staff... To get rid of a probationary employee is alot easier than a permanent one. Perhaps they are starting from the bottom up and not directly accusing your girlfriend, but using her as leverage to investigate further with that doubt out of their minds?
 
Celine said:
why isn't the other woman also under going the polygraph test seeing as she was there before her? i would insist that this woman also undergo the test.
Click to expand...
Fully agree. Either both take the polygraph or she must refuse and infer that the company is discriminating against her.
 
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