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Case Analysis : Employee Polygraph Protection Act

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During this paper we will analyze the case of a person who was fired by his employer, the reason giving by his employer was a lay off among other 50 employees in the same private sector, the main reason of his selection for lay off was that he refused to take a lie detector test and drug test. We will analyze if the employee can be protect by any law regarding the reasons for termination given by his employer. For this case I will review the federal laws concerning lie detector test, employee’s right to privacy, drug test, notices for mass layoffs, and more important I will delimitate the search to the current laws in the state of New York since this is the place of residency and employment of the employee. The Employee Polygraph…show more content…
Under the New York law the employer was required to give an advance notice to the employee which in this case it was zero days advance because the phone call specify the termination was effective immediately, therefore it didn’t give any time to the employee to react and find other possible job to minimize the impact of a possible unemployment. It is a well-known fact that employees who use alcohol or drugs in the workplace will affect their performance significantly, moreover it can represent a safety concern for other employees as well, therefore a private company in New York can fire employees who test positive on a drug test or refuse to submit to a random drug test, “if it was previously stated in their company policies and communicated to all employees” (Rich, 2012). The refusal of the employee in this case can under New York laws justify its termination, however I consider important to consider the option of the drugs found in his locker to be medicated which it can provide a positive result, however it doesn’t mean the employee is using illegal drugs so his fear of false result is valid and could be resolve with a medical justification. Considering the drugs found in his locker could be a good reason to fire the employee we should review if the employee’s privacy right was violated. To avoid any legal action the employer should have policies in place, as well as signs
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