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Because continuing thefts from our hotel guestroom safes we

Because continuing thefts from our hotel guestroom safes we are looking into polygraphing somelogical employees. If any don t agree what are the ramifications if we terminate any?

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Dwayne B.

Juris Doctor

36,952 satisfied customers
Can an employer require a lie detector test to an empoloyye

Can an employer require a lie detector test to an empoloyye in retail over whether a customer was refused service when the customer was referred to another department?

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AttorneyTom

Attorney at Law

Juris Doctor, BSBA

4,906 satisfied customers
(The Polygraph Protection Act)

<p>(The Polygraph Protection Act) Cilia Cigna was the office manager for a small property management group in Newport Beach. Five people worked in the office full time, and another 12 employees were in and out of the office periodically throughout the week. As office manager, Cilia was in charge of petty cash, which she kept in a Romeo e’Julietta cigar box her dad had given her. Normally, she would not have more than $250 in small bills and change in the box at any one time. She kept the box in the bottom drawer of her desk, and would normally lock her desk, but the lock had been broken several months ago. When she returned from lunch a few weeks age she discovered that the cigar box and its contents were missing. Cilia wasn’t sure how much money had been in the cigar box, but she thought it was probably over $200. Obviously, she thought, a theft had occurred and the thief must be one of her fellow employees. That afternoon, Cilia reported the theft to Mr. Collingwood, the President and owner of the company. Mr. Collingwood immediately sought the assistance of a security professional who was a tenant in one of the buildings Collingwood’s firm managed. Cilia, Mr. Collingwood, and Mr. Jessop, the security expert, conferred and decided the most likely suspect was Mary Sullivan, a nineteen-year old clerk recently hired by Cilia. All of the other employees who had access to the cigar box were long serving employees and they were considered especially trustworthy. By process of elimination, Mary was the only conceivable suspect. Mr. Jessop was a polygraph expert within his security company, and suggested that Mary submit to a polygraph test (lie-detector test). Both Cilia and Mr. Collingwood agreed this would be probably the only and best way to get to the bottom of the theft. By questioning the other employees known to have been in the office that morning, there apparently were no witnesses to the theft. Mary did not want to submit to the test, but Mr. Collingwood assured her that the test would be the best way to prove her innocence. However, he added, her refusal to take the test would be tantamount to an admission of guilt, and she would be fired if she didn’t take it. He told her that all employees suspected of a crime against the company or any of its employees had no choice but to take the polygraph test – it was a condition of employment. Under the circumstances, Mary agreed to the polygraph test. Clearly in distress from her afternoon of accusations and the thought of being wired to a strange machine, Mary reached into her purse for her prescription Valium to calm her nerves before taking the polygraph exam. Mr. Jessop confiscated the Valium before Mary could take a single pill. He told her he didn’t want any chemical distortions of her responses to the machine and his questions. Having observed this, Cilia realized she hadn’t searched Mary’s purse for the stolen money – she quickly did so while Mr. Jessop was in the next room testing Mary. Cilia only found five dollars and a bit of change in Mary’s purse. She knew, however, this did not prove Mary’s innocence since hiding the money in her own purse would be a silly thing for a thief to do. The results of the polygraph exam were inconclusive and the mystery of the stolen money was never solved. Mary became quite ill over the experience and missed several days of work. Within two weeks of the incident, Mary was discharged from the firm under an “at will” termination. When prospective employers called Cilia regarding Mary’s employment experience with the property management firm, Cilia would relate the incident of Mary’s involvement with the theft. Mary was unable to find new employment and seeks your advice on whatever options she may now have. How would you advise her? </p><p>Questions </p><p>1. Have any Federal or State laws been violated here? Which ones? </p><p>2. Is there evidence of management malpractice here, and what is it? </p><p>3. Can Mary sue as victim of a “contemptuous tort?” How does this differ from ordinary torts? </p><p>4. If you have found that violations did occur, who would be liable? The property management company? The security firm? Mr. Collingwood? Cilia? Mr.Jessop </p><p>5. What separates personal liability from company liability for the violations in this case? </p><p>6. What has to be shown to make a case for emotional distress? </p><p>7. Would punitive damages be awarded in any of the actions you might bring on Mary’s behalf? Why? Why not? </p><p>8. What policies or procedures could the property management company have put in place to mitigate against any rights violations you may have found?</p>

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Judith

Owner

Doctoral Degree

502 satisfied customers
I work as an Estate Manager (over see construction contractors,

I work as an Estate Manager (over see construction contractors, maintenance personnel, housekeepers, etc.) for a family. About 2-months ago they had a breakin and I was recently asked by my employer to take a polygraph test regarding the theft at his residence. I was told that they were polygraphing everyone in order to clear people and regain trust in them. Besides personal beliefs (Criminal Justice Major in College), the authorization letter given to me had inaccurate information regarding the night of the theft. For both reasons I refused to sign the form. My employer sent me home and recently emailed me that I'm on an unpaid leave of absence. From people I've talked to, they're telling me that I'm not covered by the protection of the Employee Polygraph Protection Act because I don't work at the owner's office and I don't do work related to his business. Do I have the right to refuse a polygraph? Was I retaliated against for not signing the authorization?

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N Cal Attorney

Doctoral Degree

7,360 satisfied customers
I work in the state of Colorado and my employers corporate ...

I work in the state of Colorado and my employers corporate office is in Alabama. We had a petty cash theft in our office approximately 2 1/2 months ago. This same type of incident occurred 2 yrs ago (I was not with the company then). The police were contacted and have been doing an investigation. It has been requested by a few employees to take a polygraph test. I declined to take the test. I would like to know what the law is on this. Can I be made to take the test and can my employment be terminated if I do not take the test? I suffer from anxiety, depression and Bi-Polar Disorder and take several medications. I have been told that should not really affect the test. I have had a detective not involved in the case say not to ever take a test. I am not sure what the corporate policy is since there is a theft or if they can legally have one.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,954 satisfied customers
I work for DeKalb County Public Works Division and my

I work for DeKalb County Public Works Division and my Director (Supervisor) is always putting me into a position where I can get sued. When it is a case of neglect that involve multiple departments, she will ask me to get an inspection team to get information and then when the County law department may a request for information, she will ask for the inspection team information and say see want my to take a deposition with the County law department and testify on the County behalf. I feel that I should not be put in a position to take deposition for the department or testify on behalf of the department due to the fact that I am not the director nor do I have the power to change protocols that keep me out of a position of liability. I also think I am being setup for a personal law suit by the director. I would like to know can I legally refuse to take deposition or testify on a matter that we only collected information because the director requested it?

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Infolawyer

Attorney

Juris Doctor.

39,218 satisfied customers
I have intermittent FMLA and I was tardy due to the reason

I have intermittent FMLA and I was tardy due to the reason for it. However, I forgot to request FMLA for the period that I was tardy. Even if it has been a week, can I still request for it to be used under my FMLA?JA: Have you documented this or discussed it with HR?Customer: The FMLA or the reason for that tardy?JA: Is the employment agreement "at will," union, full time or part time?Customer: I work full time, but isn't all employee contracts basically "at will"?JA: Anything else you want the lawyer to know before I connect you?Customer: I believe that is all that I am questioning right now.

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John

Attorney

Doctoral Degree

8,098 satisfied customers
As a pro se, I am responding to the defendant's motion for

As a pro se, I am responding to the defendant's motion for summary judgement. As the plaintiff, in my opposition to the defendant's motion for summary judgement, can I request summary judgement even though I am the nonmovant party?

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Patrick, Esq.

Doctoral Degree

18,998 satisfied customers
I receive Owcp monthly payment for an on the job injury that

I receive Owcp monthly payment for an on the job injury that I sustained back in 2011. When I reached full retirement age I started collecting SSA retirement. Lately OWCO stated reducing my monthly payment by the amount I receive in SS retirement. Is this correct. Should I not be able collect both? Please clarify what I am entitled to receive. Thank you.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: I used to work for the US Dept of Defense overseas.JA: Is the employment agreement "at will," union, full time or part time?Customer: My employement at the time of injury was full timeJA: Anything else you want the lawyer to know before I connect you?Customer: no

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John

Attorney

Doctoral Degree

8,098 satisfied customers
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