Legal Question in Employment Law in Pennsylvania

The use of a lie detector test to solve thefts

We are a small group of health care workers.Most have been employed by this company for at the least 1yr up to 5yrs. There have been a number of thefts recently , where several residents have been missing rather large sums of money. The administration feels they need to give the entire staff polygraph test to establish guilt. Can this test be forced upon us or can we refuse without automatically being labled the guilty party?


Asked on 5/20/00, 5:34 pm

1 Answer from Attorneys

Richard O'Neill The O'Neill Law Office

Re: The use of a lie detector test to solve thefts

Tell your employer to look at this law:

18 Pa.C.S.A. � 7321. Lie detector tests

(a) Offense defined. - A person is guilty of a misdemeanor of the second degree if he requires as a condition for employment or continuation of employment that an employee or other individual shall take a polygraph test or any form of a mechanical or electrical lie detector test.

So your answer is no it cannot be forced upon you. And if it is your employer is guilty of a crime. If you want to talk about this further please give me a call.

Sincerely,

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Answered on 7/04/00, 7:25 pm


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