Polygraph Testing

[swordsman]

A friend from another company, along with a few of his officemates were being asked to undergo polygraph testing. This is due to an incident where a laptop was stolen a few weeks ago on a weekend. There was an investigation by the in house security agency and by the local precinct. But there's no definite suspect, so the management is treating as suspect all those employees who reported for work during that weekend.

Question: Regardless whether anyone from the group is guilty, is this legal? Do the employees concerned have the right to decline? Does the company have the right to impose the testing on the employees?

I mean, if for each instance of theft(laptop, cellphone, any other valuables) on an office, everyone will be subjected to polygraph testing, what will they think of next?? Torture?
Hopefully they'll install surveillance cameras next time around. Even small time internet cafes have one or more.

[onat_1]

unless your company is called N.B.I. or NAPOLCOM you are bound and it is your duty to undergo polygraph testing,if not,wala silang karapatan gawin sa inyo yun hangat walang court order or pinirmahang kontrata sa pagitan ng empliyado at ng kompanya,civil liberties applied to this.
my two centavo

[Altis6453]

AFAIK, even the NBI can't compel a person subject of an investigation to undergo a polygraph test. I've done some researching and couldn't find any case where the courts ruled on the admissibility of polygraph tests into evidence. That said, if we refer to cases decided in US jurisdiction, polygraph tests are generally inadmissible and there are laws in some states which prohibit employers from subjecting employees to polygraph tests since it is considered a form of harassment.

[vhenok]

IMO, its against your rights! unless specified dun sa contract clause which I believe walang company na ganun, depende siguro sa work I suppose.

Pero si misis, part of the pre-employment dun sa nilipatan nyang company is to undergo this test, dun pa sa Camp Crame. Siguro nga depende sa work, since she will be handling lots of money.

[pup2]

Hindi ka kaya i-assign ka sa Sulu branch in a few months pag tumanggi ka?

[swordsman]

Hindi ka kaya i-assign ka sa Sulu branch in a few months pag tumanggi ka?

baka unfair labor practice yan pag nagkaganyan


as a pre-employment for a sensitive position, or as a requirement before taking on sensitive projects involving the government(i.e. armed forces) which could possibly pose threat to national security - i think that should be okay, those are a couple of instances that you may be required to take it.

but if you're just plain/regular office worker, and the reason for the polygraph is becuase of theft in the office. i say no way, unless you're the prime suspect and, as mentioned above, there's a court order.

[cutedoc]

if the one who lost the laptop demand for a proper judicial process, any suspect may undergo the polygraph test, upon presentation of proper documents, and this process will cover the company as well, if the company has a signed papers providing their workers as a part of the company.

workers could also undergo the test if it is stated in the papers they had signed, its like physical checking of the workers before and after leaving the premises of the company, if the worker is tested positive in the polygraph test, he will then be submitted to further investigation.

[artpogi]

I'm no lawyer but I believe kung makikipag matigasan yung employees, they can decline and nobody can force them to undergo the test.

I agree with Altis6453s' comment.

[VtEC]

grabe naman yan.e company negligence nayan.kahit pa magnanakaw yong mga employees nila dapat secured yong company nila.bakit di yong security guard ang tanungin which i think is much more liable don sa nakawan.poor judgement ang ganyan.dapat dyan upgrade nalang nila ang security system nila and charge it to experience nalang yon..besides, malay pa nila kung that day nga nawala ang laptop??


add kolang, yong end user ang dapat tanungin pa.kung kailan ba nya last talaga ginamit yon.anyways, makikita naman record non sa server kung kailan last naglog ang computer nayon para pinpointed talaga kung ano araw.just my cent

[pup2]

Karamihan ng kontrata noong araw ay nagrereserba sa co ng karapatan kung saang dep't, division, o LUGAR ka ilalagay. Ewan ko lang ngayon. Sure ako puwede ka tumanggi, but won't that make you look guilty? Lalo kung ikaw lang pati ang tumanggi?
BTW, I'm just talking about polygraphs in general ha. Not in this particular case.

[swordsman]

if the one who lost the laptop demand for a proper judicial process, any suspect may undergo the polygraph test, upon presentation of proper documents, and this process will cover the company as well, if the company has a signed papers providing their workers as a part of the company.

yup, if this happens in the company i work for, "proper document" for me would be a court order or my signed document when i joined the company saying they have the right to do this. laptop is company-owned.

workers could also undergo the test if it is stated in the papers they had signed, its like physical checking of the workers before and after leaving the premises of the company.

i would expect this would be stated, i.e. if working in factories, sales clerks in department stores, security companies. not in a global company serving a thousand customers in more than 100 countries

[chua_riwap]

Grabe naman yan! Ipo-polygraph ang mga employees? Ano bang opis yan?

Sa amin may nangyaring ganyan, nag-imbestiga rin yung opis namin sa mga employees. Pero walang ganyang polygraph test na ginawa ng management. Nagkabukasan lang ng mga cabinets para hanapin yung item. Police report lang ang ginawa nung nawalan ng laptop, then it was replaced na.

Ang pinalitan yung guard ng opis. For negligence. Kasi, kada tao na labas pasok, for strict scrutiny ang mga dala ng mga employees, di nya napansin yung nawalang laptop na inilabas.

[b1rken5tock]

polygraph test? over naman yata yan..

e kung walang result sa polygraph? anong gagawin? torture para meron umamin?
at saka inde naman tinatanggap ang result sa polygraph kasi mga puede dayain.

ang mabuti pa, check muna nila sa Ebay...at baka naka sale na yun

tapos ayusin ang security system ng office, inde yung lahat ng nasa office e suspect..

[toratora]

hi. im a graduating criminology student from the University of Mindanao here in Davao. i was searching for the polygraph history when i found your link.
DO NOT UNDERGO LIE DETECTOR TEST! karapatan mong tumanggi!

You have nothing to worry about since Polygraph examination is voluntary and not mandatory. The examiner should obtain a waiver from you with the consent of your legal counsel before they can conduct the test. you may even neglect or stop the test, if your in doubt during the examination.
1.)WALANG MAKAKAPILIT SA KAHIT SINO NA MAGPA-POLYGRAPH!
2.)walang company na naglalagay sa kontrata na mandatory ang lie detector test sa empleyado because it is a clear violation of your several constitutional rights.
3.)any result of the polygraph is still inadmissible as evidence in court since as of present no competent examiner stands as expert witness to his polygraph interpretation.
4.) polygraph remains an aid to the investigator. pinapadali kase nito ang trabaho ng imbestigador sa pagsegregate ng innocent at probably guilty suspect
5.) IF nasabing nagsinungaling ka sa polygraph test then interrogation will follow.. interrogation is part of custodial investigation which is legally accepted. KAYA dont forget to bring your lawyer during custodial investigation para hindi mangyari ang kinatatakutan mong torture.
6.) Polygraph is not a lie detector! it only records body responses so clearly speaking, kaya mong dayain ang makina.
-dont smoke two hours before the test
-sleep well
-you must not be hungry
-focus on the question
-find a comfortable position
-breath easy
-dont take energery giving drinks of vitamins
-RELAXATION is the best technique to past the test hehehe

[Gen. Miting]

ang ok dyan kung isa man sa empleyado yun thief, i-wish nyo na din i-steal nya polygraph machine to prevent future tests