This review list is intended to educate you about the subject of this document and to aid you in its preparation. By their very nature, lie detector exams are very invasive and subjective in their outcomes. This gives anybody attempting to administer them in a work environment two strikes against them. The Company may be accused of being both “excessively” invasive and “excessively” subjective. The effect in court is determined by a plaintiff attorney’s ability to pile on with “too” this and “too that,” utilizing language and emotional appeals to accomplish this. These have the potential to be quite successful. Therefore, ensure that the game is worth the effort. We do not advocate doing this test unless you feel the results will be very beneficial to your business, which they can be in some situations.
Indeed, the mere rumor of a Lie Detector test being conducted in the future has been shown to reduce the behavior you are attempting to eradicate (e.g., shipping dock theft; gambling; drug selling; and the like). Our recommendation is to begin with the rumor strategy. It worked in one of my firms, and no tests or signing papers were ever required.
If you wish to proceed with the forms, please follow these steps:
- Instruct the employee or workers to sign in the presence of a peer who will act as a
witness. The witness should not be the company’s traditional “big boss.” You’ll notice that the word “Lie Detector” is used. This is not always the case, though. We recommend it since it appears to be more transparent and above board. Everyone is familiar with Lie Detector tests; however, not everyone is familiar with Polygraph tests. This puts you on a more secure foundation if you ever have to appear in court—about being candid and forthright, not dishonest, and so forth.
- Consult your attorney in advance for guidance on the case. They will be familiar with how
these instances are handled in their area, or they will be able to locate someone who is familiar with the procedure.
- Once again, you should have a compelling reason for turning to this method owing to the
legal hazards involved.
Consent to Polygraph (Lie Detector) Test
Date:
I, _________________, hereby voluntarily give consent to a polygraph (lie detector) test to be administered on ________________, at ________________________________, the results of which will be forwarded to: _________________________________ for analysis.
I declare that I have not been coerced in any manner whatsoever to submit to this test or to sign this consent form and I understand that I have a legal right to refuse to submit to this test as a condition of new or continued employment.
_________________
Employee_________________
Witness
Consent to Polygraph (Lie Detector) Test
Review ListThis review list is provided to inform you about this document in question and assist you in its preparation. Lie detector tests are, by their nature, very intrusive and subjective in their results. This provides two strikes against anyone seeking to administer them in an employment situation. The Company can be accused of being both “too” intrusive and “too” subjective. The impact in court relates to the ability of a plaintiff attorney to pile on with the “too” this and too that, using rhetoric and emotional appeals to do so. These can be very effective. So, be sure that the game is worth the trouble. We do not recommend use of this test unless you believe the results will substantially benefit your Company, which in some cases they can.
In fact, the very rumor in the air of a Lie Detector test being possibly administered in the future, can cut down on the behavior you are seeking to extinguish (e.g., shipping dock theft; gambling; drug selling; and the like). Our suggestion is to try the rumor approach first. It worked in one of my companies and no test was ever administered, or forms requested for signature.
If you want to proceed with the forms, do the following:
1. Have the employee or employees, sign in front of a peer, who is a witness. The witness should not be the proverbial “big boss” in the company. You will note the use of the phrase “Lie Detector.” This is not always done. We suggest it because it has the appearance of being more open and above board. Everyone knows what a Lie Detector test is; not everyone knows what a Polygraph test is. This puts you on firmer footing if you ever get to court-about being open and clear, not deceptive, and so on and so on.
2. Check with your attorney for their advice on the matter in advance. They will know how these cases go down locally, or can find someone who does know.
3. Again, you should have a substantial purpose in mind before resorting to this due to the legal risks involved.
