Employee Was Wrongfully Terminated After Failing Polygraph Test: Legal Insights

Polygraph tests, or lie detector tests, are widely considered with controversy and thus, they are employed by a few companies during their investigations. However, in some cases, making polygraph tests a requisite for employment can lead to violations of privacy rights and labor laws, and depending on the circumstances, one might sue for wrongful termination. For instance, a worker was fired after he did not pass the polygraph test but later on he was awarded damages in a wrongful dismissal lawsuit because the employer had not provided the required legal protections. The following article presents the legal boundaries surrounding the use of polygraph testing in the workplace and explains why wrongful termination can be a consequence of inappropriate use of this testing method. For in-depth stories and updates on worker protections, visit our Labour Rights coverage.

Legal Protections Against Mandatory Polygraph Tests

California’s Labor Cod​e section 432.2 is one of the laws that prohibits private employers from mandating employees or job applicants to take polygraph or such tests as a condition for hiring or keeping the job. Besides, the employers have to give clear and written notice of the employee’s right to decline the test. Not complying with these regulations may result in establishing a public policy violation and wrongful termination claims can be filed.​

Read Also: What Counts as Unlawful Termination: Understanding Employee Rights

Case Example: McDoniel v. Kavry Management, LLC

In a critical court decision, Steven McDoniel was fired after he could not pass a polygraph test that was required by his employer, a company dealing with marijuana cultivation, and he did not get the proper written notice of his rights. The California Court of Appeal ruled in favor of McDoniel, awarding damages for wrongful termination, and highlighting the role that legal protections play in safeguarding employee privacy. The court determined that there was ample evidence that the polygraph was a requirement and the requisite disclosure was not made thus, the termination was illegal.

Implications for Employers and Employees

To guarantee that polygraph tests, if they are employed, fully meet the legal requirements by informing the workers of their rights and preventing coercion, employers need to reevaluate their practices. A decision based only on polygraph results with no supporting evidence risks claims of unfair dismissal since polygraphs cannot be considered perfect truth-telling devices. Rights of the workers should be recognized and they should be able to ask for legal support if their dismissal comes after polygraph tests without adequate procedural safeguards.

Conclusion

The use of polygraphs leading to wrongful termination raises the issue of the balance between the right of the employee and the need of the employer to investigate. Compliance with the law and openness are the key factors that will prevent expensive lawsuits and at the same time keep the trust in the workplace.