Do i have a case for wrongful termination if i was fired for not taking a polygraph test in the state of MN?

Asked 8 months ago - Moorhead, MN

the workplace had an investigation conducted and an investigator with the Moorhead police department accused me of theft and requested i take a polygraph. the investigator informed my employer and of the request and i spoke to my lawyer to seek his advice and was advised not to take it due to the tests inadmissible findings in court. the polygraph appointment was cancelled and three days later after coming back from vacation i was fired. my employer asked me to take the polygraph and claimed that if i did not take it then i would be fired for not cooperating with police even though i had been very cooperative with law enforcement. the investigator accused me of something i didn't do and kept in close contact with my employer which she should have been the prime suspect.

Attorney answers (3)

  1. Caitlin Mariah Grom

    Contributor Level 2

    1

    Lawyer agrees

    Answered . You may have rights under the Employee Polygraph Protection Act. Generally, the Act prohibits most private employers from using lie detector tests, either for pre-employment screening or during the course of employment. Employers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline, or discriminate against an employee or job applicant for refusing to take a test. This is the case unless specific exceptions apply. You can learn more about the EPPA and those exceptions at at the Department of Labor website linked below.

  2. Joseph Albin Larson

    Pro

    Contributor Level 12

    Answered . I agree with what the others have said, both that you may be protected under the Employee Polygraph Protection Act and that you should consult with your lawyer. For more information on the EPPA, check here: http://www.nolo.com/legal-encyclopedia/state-la.... Then again, if you're innocent of the theft and you were warned you would be terminated for not taking the test but continued to refuse to do so, you may have made your own bed on this. Still, if you feel your rights have been violated, the US Department of Labor is who enforces the EPPA. It might be worth calling over there and finding out what your options are.

    Best,
    Joe Larson

    This answer is for information only. It does not constitute legal advice. This answer does not constitute, nor do... more
  3. Alan Baker

    Contributor Level 12

    Answered . Unless you have a contract that protects your job and prevents your employer from requesting that you take the polygraph test you are an employee at will, which means that you can be fired for any reason, except for those legally protected classes (such as race and others). If the employer does not believe you fully cooperated with the investigation then you can be fired. If you consulted an attorney about taking the polygraph I would recommend that you consult your attorney about your termination.

    The information that I am providing is general information based on my understanding of your question. You cannot... more

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