(IMPORTANT INFORMATION, PLEASE READ THE BELOW)
ECONOMIC LOSS OR INJURY TO THE EMPLOYER'S BUSINESS:
For a test to be requested by an employer regarding employee theft, an ongoing investigation involving economic loss or injury to the employer's business; such as theft, embezzlement, misappropriation, an act of unlawful industrial espionage or sabotage, check kiting, money laundering, or the misappropriation of confidential or trade secret information. In addition, instance such as theft from property managed by an employer or property held by an employer as a fiduciary or custodian, would meet the required injury standard. Further, the economic loss must result from intentional wrongdoing, and not unintentional or accidental losses. It is the business of the employer that must suffer the economic loss or injury. Thus, according to the Department of Labor, a theft committed by one employee against another employee of the same employer does not satisfy the requirement. In addition, the ongoing investigation exemption does not allow a polygraph test to be used to determine whether an employee has used drugs, or alcohol, or has engaged in misconduct other than misconduct causing economic loss or injury to the employer's business.
ACCESS:
Only employees that have access to the property this is the subject of the investigation maybe polygraph. The term 'access', however, includes more than direct or physical contact during the course of employment.
REASONABLE SUSPICION:
In addition to access, there must be a basis for 'reasonable suspicion' that the employee to be polygraph was involved in the incident or activity under the investigation.
