Checklist of notice requirements before administering polygraph exams

The following general notice guidelines should be considered if, after consulting with legal counsel, it is determined that a polygraph is appropriate.

• Fill out and send the Notice of Scheduling Polygraph in accordance with the above form at least 48 hours before the examination.

• Attach a copy of all questions to be asked of the employee during the test.

• NO QUESTIONS MAY BE ASKED THAT HAVE NOT BEEN PROVIDED TO THE EMPLOYEE OR APPLICANT BEFORE THE TEST. Although it is not a legal requirement that the examinee receive a written copy of the questions at the same time the Notice of Scheduling is received, this is a safe way to make sure that the examinee has been given an opportunity to review all questions before the test. The opportunity to review all questions to be asked at the test is a legal requirement.

• Send the notice of ongoing investigation to the employee prior to the polygraph. It is a good idea to send the Notice of Ongoing Investigation and the Notice of Scheduling Polygraph, with the attached list of questions to be asked, all at the same time.

• Retain a copy of the notice of ongoing investigation on file for three years. Because it may not be clear what legal effect, if any, the Notice of Ongoing Investigation may have if a subsequent lawsuit is filed, legal advice should be sought prior to filling out this form.

• At the time of the test, but before administering the test, once again provide the employee with a copy of all questions to be asked and with the opportunity to read them.

• Read to the employee and have him sign YOUR RIGHTS UNDER THE EMPLOYEE POLYGRAPH PROTECTION ACT, the notice concerning the rights of the employer and employee under the Act.