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Can an employer use a polygraph to test an employee suspected of causing an economic loss?
Yes, if the employer has reasonable suspicion. The employer must be able to articulate the reasonable suspicion, and reduce it to writing, access alone does not constitute reasonable suspicion. Additional information can be found in the Federal Register/Vol. 53, No. 204 / Friday, October 21, 1988 Rules and Regulations pages 41497 through 41510 (Employee Polygraph Protection Act). An employer may not take any personnel action based solely upon the results of a polygraph examination.
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