Polygraph testing only one employee

carstensdj said:
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?
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That is highly unethical.
 
Maybe it was a ploy by the employer to tell both ladies that each of them are the only ones going for the polygraph test to see if they may give up and admit before the costs are spent?
 
Get your gf to have candid discussion with her boss....

But don't for one second outright refuse the polygraph, because that will just make her more guilty in the eyes of her boss (even if she is innocent)....

Surely there are camera's or something at this office though? I've can't think of an office I've been to recently where there haven't been cameras of some kind, even if they're just external cameras...
 
B.O.F.H. said:
...Surely there are camera's or something at this office though? I've can't think of an office I've been to recently where there haven't been cameras of some kind, even if they're just external cameras...
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And if not, do they perhaps have access control of some sort which can tell them who entered and left the premises and when?
 
Definitely do the test to at least "prove" your innocence (hope it doesn't go the other way). I agree maybe the boss doesn't think it was her and wants to get that out of the way and go after the real culprit. As for moving on she should probably stay a while and see how it goes and then move if it's still "hanging over her".
 
Can she afford a lawyer? If so, she should contact one and tell her employer that she will only take the lie detector test under extreme prejudice.
And if any action results from the test she will be counter suing for defamation, unfair dismissal and will also be taking the case to the CCMA.
 
plbartie said:
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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This is really crap. If she's gonna speak to the boss she should ask him to have the other woman tested as well seeing she was there first. It makes sense from a logical point of view.

Do they have cctv cameras or access control logging by any chance?

Still a kuk situation.
 
Garyvdh said:
Can she afford a lawyer? If so, she should contact one and tell her employer that she will only take the lie detector test under extreme prejudice.
And if any action results from the test she will be counter suing for defamation, unfair dismissal and will also be taking the case to the CCMA.
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Before a polygraph can be used, the subject should consent in writing. Consent with extreme prejudice cannot exist. If you are prejudiced against it, you do not consent. As for said legal threats, that's like shtting on the dinner table to disguise the smell of the rat in the kitchen.

There exists legal precedence (linked above) as well as binding guidelines that should be read and understood. A lawyer will at the very least reiterate what I have posted above.

The CCMA takes polygraphs under advisement: the commissioner must determine the quality of the information. If the information does hold water AND is NOT the sole factor in determining subsequent action, it most certainly can be taken into consideration as part of a greater balance of evidence. And here in lies the rub: if she fails said polygraph and her probation is terminated, the company could well find themselves in poo. If, however, they have another, valid reason for said termination by presenting this polygraph as a foundation, she could well prejudice her case.

But where you are definitely correct: Can she afford legal advice?
 
A polygraph test does not show whether you are guilty or not.
It shows that there was "deception on the part of the testee,"or whether you were being "truthful" when answering the questions put to you by the polygraphist.
The test results are also not admissable in a court of law, meaning that the result of the test can't be used against you.
It is also an unfair labour practise to dismiss a person solely on the evidence obtained from a polygraph test.

Refusing to take a polygraph test are also not grounds for a dismissal, but by refusing you open another possibility, in that the "relationship of trust" can be irripairably damaged by the refusal, which is a possible reason for dismissal.

My suggestion would be that, should she be innocent, she undergo the polygraph test. That way her innocence will be proven.
If she is guilty, she should make an attempt to speak to her employer, explain her situation, ask for leniency, and offer to resign.
That way she could avoid a possible criminal charge, and a resignation on a CV looks much better than a dismissal due to criminal acts on her part.
 
Had a word with a lawyer I know and he says for her to refuse and get legal counsel before proceeding any further ...... straight from the horses mouth.
 
Think of it the other way round.

While it's not nice for your gf, it isn't nice for the boss either. He'd have to keep someone employed that he is unsure of. He also doesn't have the relationship that you do with your gf, and who knows the relationship he has with the woman who came in first.

Get it out the way
 
Mephisto_Helix said:
Had a word with a lawyer I know and he says for her to refuse and get legal counsel before proceeding any further ...... straight from the horses mouth.
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Lawyers always say get legal counsel for everything :p
 
Thanx for all the replies, her boss refused to see her. He's got an important meeting.
Like I said, its a small company. Parking is outside just off the road, no cameras.

Alarm was on when she arrived, she switched it off.
There was also builders on site, so stuff was in front of sensors. (also another possibility)
I'm going to phone alarm company tomorrow morning to see if they can pick up what time alarm was switched on and off to see what time the other woman came in and left.

She has decided to go for the test and asked me to come along as she is terrified.
We unfortunately don't have money for Legal advice at this stage.

Polygraph is at 12:00
 
We once had some theft in a company I worked for, but unlike situation above I worked there for some time and also knew the Boss very well.

They called for a polygraph on all the people present which included me. Seeing that I was not in the mood for the crap I spoofed out an email explaining to everyone on how to beat such a test.

Needless to say the tests where canceled and they had to rely on good old fashion police work. :)

Pity she can not do this as she is the only suspect. I would say go for the test but make it know that you are very unhappy about being the only suspect seeing that you know you did not do it.
 
Meh. I'd just say as long as the test is done during paid work time and doesn't cause too much hassle for me, I'd be fine with it.

No need to stress about it, it's a petty useless exercise anyway.
 
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