Can I be arrested or fired from work for failing a cvsa voice stress test when I was really telling the truth?
A Reader Asks This Question:
I failed a cvsa voice stress test that I chose to take to clear my name. Someone at work stole money out of a co-workers wallet. I didn’t lie during the test but was told that when answering the key questions (did you take the money from his wallet, and did you recieve any of the money that was stolen from the wallet) that I showed deception. Can I be fired from work, or arrested for failing this test when I was telling the truth?
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7 Responses to Can I be arrested or fired from work for failing a cvsa voice stress test when I was really telling the truth?
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It might depend on extenuating circumstances, as well. It’s a delicate situation that surely requires a good amount of stress management. for example, where intellectual properties are concerned, passing the test….or not, could result in theft which would lead to legal consequences. I would suggest you speak with your lawyer in great detail about every aspect before taking the test.good luck!
It is amazing to me that someone would use this as a cause for firing. I would contact a lawyer asap and fight this case as it seems to have a lot of holes in it.
@Kmaclub, thank you for the link.
For further reading http://www.dol.gov/whd/polygraph/index.htm It says “Subject to restrictions, the Act also permits polygraph testing of certain employees of private firms who are reasonably suspected of involvement in a workplace incident (theft, embezzlement, etc.) that resulted in specific economic loss or injury to the employer.” I believe your employer acted illegally because the money was allegedly stolen from an employee and NOT the employer.
I have attached a link from the U.S. Department of Labor regarding employee polygraph tests. It is important to note it appears that only a “polygraph” can be used…not a voice stress machine.
http://www.dol.gov/whd/regs/compliance/whdfs36.htm
Did you know there are employment laws governing polygraph testing? Read this article about Employee Polygraph Protection Under the EPPA
Unfortunately, those tests measure stress.
The ‘key questions’ probably stressed you.
The test is not acceptable as legal evidence of wrong-doing,
but might be enough to get you fired.
You’ll most likely not be arrested for that. Most voice stress tests aren’t even evident enough to use against someone. For your job however you can be let go. The company could use this as an excuse especially if it is an at will employer. They could say the reason for letting you go is a liability issue.