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.