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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

35,316 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

7,116 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

106,614 satisfied customers
I have an odd situation. I currently am employed by company

Hello,I have an odd situation. I currently am employed by company ABC. Company ABC provides outsourced services for company XYZ. Company XYZ has recently announced it is discontinuing the contract with company ABC.I am a member of their Senior "key management" team, but am under no specific contract restrictions.The client, company XYZ, has offered to pay bonuses to company ABC during the contract termination for company XYZ NOT to offer us alternative employment after the contract ends. This is due to company XYZ wanting to hire all employees and Senior Leadership to work directly for company XYZ without having competition of offers or loss of key management personnel.Can my company, ABC, really prevent me from being hired into a like/similar or vacant position internally so that I have to entertain an offer of employment from company XYZ? It doesn't seem fair to me. (Although may be perfectly legit, I'm just not sure)Kurtis

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Patrick, Esq.

Doctoral Degree

17,428 satisfied customers
Was told by one of my upper management team I had been

Was told by one of my upper management team I had been disrespectful insubordinate and should be fired just to be made an example of, the yelling lasted about 30 minutes via phone. have email proof I did nothing out of normal company policy. I'm not the first person this has been done to, last gentleman fired and had a stroke shortly after. A year and a half ago the manager of my departments died of a heart attack at work, would just like yo know if it's worth finding a local lawyer to talk too about intentional emotional distress

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Christopher B, Esq.

Attorney

Juris Doctor

4,984 satisfied customers
We are working with a temp agency. They sent us their

Hi there - We are working with a temp agency. They sent us their agreement and we have a few questions:- They have their employee (who would be a temp with us) being paid overtime above 8 hours per day; they charge us 1.3 times their usual hourly rate for overtime and 1.6 times for double time. Is overtime legally required in a situation where the individual is the employee of the temp agency and a temp for us? We'd like to get out of this if possible but realize it may not be possible if overtime is legally required.- There are no confidentiality obligations for the company or the employee. Is it typical for the temp agency to have confidentiality obligations and require their employees to also have them? How should we document this in the agreement?- They disclaim all liability related to work quality/performance and limit all liability to the equivalent of the fees paid for the services. Is this typical? Should we push back to get them to back up the services they provide, at least to "provide services in a workmanlike manner in accordance with industry standard" and try to get the limitation of liability up to 3-5 times the fees paid?- This temp is in finance and the agreement limits him fro being authorized to render opinions on financial statements; sign his name on any opinion/audit/financial statement/etc.; or be ultimate decision maker on material decisions related to client's business. Is this typical?Thank you!

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Ray

Lawyer

Doctoral Degree

35,164 satisfied customers
I am 68 years old. I have worked for this government agency

I am 68 years old. I have worked for this government agency for last 18 years. I went to HR with my supervisor and manager to complain about not getting a raise for the last 3 years. My performance was at the level of “meeting the job requirement”. For the past years I always got raise at this level .Today I suddenly got this e-mail about “poor performance” and have been asked to come to HR next week .Possibly termination.Can I send them a notice of retirement before such meting and avoid the consequences. I am at the retirement age. I believe I can retire any time and not be respond to HR. Is this correct assumption?Please help. ThanksPrabhu

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Marsha411JD

Doctoral Degree

18,804 satisfied customers
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