The Services listed on this page should serve as a general outline of some common instances wherein polygraph testing may be effectively utilized. If your specific situation is not reflected here, please contact Cetified Polygraph Testing to discuss whether polygraph is appropriate for your circumstance. There is no cost for questions and/or consultations.
This is the most common situation for which private polygraph exams are requested. When the trust in a relationship is diminished or lost, moving forward (in any direction) becomes difficult, if not impossible. Being uncertain is often worse than knowing the truth, even when the truth is unpleasant. This is when polygraph can help.
Unexplained phone calls or credit card bills...mysterious trips & absences...extensive time spent on the internet & "chatting"...gossip, rumors, & innuendo... confusing or misleading answers to questions...these are just a few examples of how suspicions may arise and intensify. And at some point, no amount of denials can sufficiently reverse that feeling of uneasiness that has developed. The damage caused by distrust can be two-fold when the accused person is completely innocent and telling the truth; He or she develops animosity for being falsly accused. Polygraph will either prove the suspicions false, or substantiate them definitively, thus providing the substance necessary to properly deal with the situation. A deceptive (failing) polygraph result may provide sufficient motivation to bring forth a confession from the examinee, -something they were previously unable to do.
Whatever the situation may be, or may become, the entire polygraph process will ALWAYS be private, professional, and confidential. All parties will be treated fairly and impartially, with dignity and respect. Remember: Objectivity and accuracy are the Examiner's primary concerns, not who did what.
*Note: Suspicion and trust issues are always a product of some other underlying problem: be it real or imagined, founded or unfounded. Polygraph can only determine specific truths. It is recommened that, in addition to polygraph, couples also enlist the assistance of a qualified counselor to help them move forward with the verified truth, whatever that may be.
Whether it's one incident, or several over a period of time, when items go from unexplainably missing to suspicious or stolen, polygraph can often help. Through my years of experience as a police detective, I have come to realize that the majority of thefts (not robberies or burglaries) are committed by family members or persons known to the victim.
Wrongly accusing a friend or family member can lead to turmoil and embarrassment. Whether it's cash, prescription drugs, or any other personal belongings, polygraph can vindicate innocent suspects and identify the guilty. In some cases, polygraph can even determine where the stolen item(s) are, and help us to recover them.
Sexual Assault, Abuse & Molestation
This is often the most delicate, personal, and emotional issue, for which polygraph is utilized. The parties involved are usually family members or close friends. Victims (and perpetrators) of this type of abuse, often find it very difficult to come to terms with what has happened. Some reports of abuse are 100% true, while others are completely false: fabricated in order to manipulate people or situations. Then there are cases that are only partially true: the victim left out details because of shame, embarrassment, fear, etc...or added something that did not actually occur. It is often impossible to determine what really did or did not occur, because in most cases, only two people know for certain: the accuser and the accused person; Sometimes both parties are very credible and believeable. An impartial polygraph examination (of either, or both parties involved), can reveal the truth when this tragic scenario presents itself.
In some instances, family members want to verify or disprove allegations that have been made. In others, the accused person wants to proactively establish their innocence. On occasion, a polygraph may be administered to a legitimate victim that is in denial about the abuse, in order to assist him or her in coming to terms with their situation.
Over the years, I have interviewed and polygraphed countless victims and perpetrators of sexual abuse. No matter what the end result, these cases are almost always devastating. While polygraph cannot ease the lasting effect of abuse, or false accusations of abuse, it can often minimize the amount of time spent agonizing over what to believe.
Physical Abuse & Assault (non-sexual)
Physical assault polygraph cases often involve a family member (usually a child or step-child) reporting physical assault at the hand of another family member or known person. Polygraph is usually employed in such cases when there is no physical evidence of the alleged assault, nor any substantial corroborating evidence. This example is not necessarily a legal issue, but moreover a matter of boundaries within the family unit and honesty. Of course, your physical abuse issue need not necessarily reflect the above scenario in order to utilize polygraph, it is simply the most common example.
The employment of polygraph to the issues of drug abuse and addiction can be invaluable when loved ones are concerned. Lying and deception almost always go hand-in-hand with these types of behaviors. So much, in fact, that persons that have truly overcome their addictions, may have difficulty convincing their families that they have stopped, and may enlist polygraph to offer proof.
Parents, spouses, and concerned friends may request a polygraph to confirm or refute their suspicions that a child or other loved one may be using drugs, after noticing "tell-tale" signs. Polygraphs are also requested to quell or affirm suspicions that a recovering addict has relapsed into their harmful behaviors.
For these, and similar situations, the polygraph is often a major step forward in evaluating, addressing, and ultimately controlling, these dangerous addictions. Common areas of concern include: prescription and/or 'street drug' abuse; gambling or pornography addictions, and alcohol abuse.
Even incidents such as damage to your property may be able to be solved via polygraph. Such cases are often regarded as "unsolveable," if no one saw the incident. But if you have a finite group of suspects, and the guilty party or parties are among them, polygraph will reveal the truth. Even if the person responsible does not take a test, the innocent can exonerate themselves.
Business Polygraph Testing
BusinessPolygraph Testing
Polygraph testing can be a viable option for a multitude of scenarios in everyday life, wherein the truth is elusive. The preceeding list discusses the most common private applications, but polygraph is usually possible in any specific-issue situation. This is not to suggest that polygraph should be used for every situation. Please contact me to discuss exactly what polygraph can, and cannot do. Consultations are welcomed, and are absolutely free. If I do not believe that polygraph will help your situation, I will not hesitate to tell you so.
Examples for Business Use
Examples for Business Use
Examples for Personal Use
The EMPLOYEE POLYGRAPH PROTECTION ACT of 1988 (EPPA) regulates the employment of polygraph by non-government businesses. This legislation only affects commercial businesses. Local, State and Federal governmental agencies (such as police departments) are not affected by the law, nor are public agencies, such as a school system or correctional institution. (Please see: Goverment Polygraphs)
For full details and exact wording of rules & restrictions,
Link to:
You would be well served to contact this Examiner BEFORE you take ANY steps towards polygraph testing, or approach your employees with this topic. There are simple, but mandatory steps that MUST be followed in order to comply with the EPPA Law. If polygraph testing is even a remote possibility for your situation, getting accurately informed regarding your rights & obligations should be your very FIRST order of business. Consultations are always free of charge: I will let you know if polygraph is a viable option for your situation and circumstances, and, if so, provide (via fax or email) all of the necessary forms for such action. It could mean the difference between being able to utilize polygraph or not!
The following are the exemptions in EPPA for businesses.
Polygraph testsMAY BE ADMINISTERED in the private business sector to...
Employees who are reasonably suspected of involvement in a workplace incident that results in economic loss or injury to the employer (theft, embezzlement, etc.) and who had access to the property that is the subject of an investigation.
Prospective employees of armored car firms, security alarm firms, and security guard firms which protect facilities, materials, or operations affecting health or safety, national security, or currency and other like instruments.
(C.)
(B.)
(A.)
Prospective employees of pharmaceutical manufacturers, distributors, and/or dispensers.
For the vast majority of business settings, theft is the only instance wherein polygraph testing is legally permitted. Unless your business is described in one of the aforementioned exemptions (B.) or (C.), theft is the only applicable situation, with the following three (3) requirements:
(3) REASONABLE SUSPICION
(3) REASONABLE SUSPICION
There must be a "reasonable suspicion" that the employee(s) to be tested was involved in the loss. Mere access to the property alone is not sufficient to warrant a polygraph request. "Reasonable suspicion" is a defined legal term, and may be established in many ways:
- Suspicious behavior
- Commission of similar act(s) in the past
- Witness statements
- Any other evidence which increases the likelihood of the employee's involvement
If "reasonable suspicion" is not immediately evident, the employer may conduct its own internal investigation, or hire an outside agency to do so. If the investigation yields information that does present a "reasonable suspicion" of one or more employees, this may be used for the purpose of requesting a polygraph.
This requirement typically prohibits simply testing of all of the employees who had access to the property. Unfortunately, the law also prohibits testing of employees just to "clear" them from suspicion.
(2) EMPLOYEES TO BE TESTED MUST HAVE HAD ACCESS TO THE "ECONOMIC LOSS"
(2) EMPLOYEES TO BE TESTED MUST HAVE HAD ACCESS TO THE "ECONOMIC LOSS"
If your situation possesses all of the above three (3) components, then you can implement polygraph testing. The EPPA explicitly states that only polygraphs, and "no other lie-detector tests" (such as voice stress analyzer, psychological stress evaluator, etc.) are permitted. Each employee suspect must be given a written request to take a polygraph exam at least 48 hours prior to testing.
Once the decision has been made to utilize polygraph testing, the very next step should be selecting an Examiner. Consulting an Examiner should be done BEFORE you even mention polygraph testing to the employees. Even if you do not ultimately hire Certified Polygraph Testing to investigate your incident, I will inform you of the proper legal procedures regarding polygraph in your workplace.
The Employee Polygraph Protection Act requires that your Polygraph Examiner:
(A) Have a valid and current license granted by licensing and regulatory authorities in the State in which the test is to be conducted, if so required by the State
AND
(B) Maintain a minimum of a $50,000 bond or an equivalent amount of professional liability coverage.
The Examiner must render any opinion or conclusion regarding the test in writing, and based solely upon the analysis of polygraph test charts. The polygraph report may only contain admissions, case facts, chart analyses, or other information relevant to the purpose and objectives of the test, and no recommendation shall be made regarding the employment status of the Examinee. All test data shall be maintained for a minimum of 3 years.
Identification of the specific economic loss or injury to the business or employer
A description of the employee’s access to the property that is the subject of the investigation
A detailed description of the basis of the employer’s reasonable suspicion that the employee may have been involved in the incident or activity under investigation
The date, time, and location of the test, (if known)
Enumeration of the employee/Examinee's legal rights
Listed above are the primary points of information that are required in the written notice; There are a few additional incidental requirements, all of which will be provided to you upon request.
Certified Polygraph Testing will provide your company with the employee polygraph request forms, as well as all additional paperwork necessary to comply with all applicable laws and regulations.
Choosing Your Examiner
Employee-Theft Polygraph Testing
This written polygraph request must include:
Certified Polygraph Testing meets or exceeds all established requirements, standards and guidelines regarding the administration of employee polygraph testing. As with ALL polygraph examinations, the strictest confidentiality practices are adhered to. No information will be released without prior written authorization, or a court order.
Certified Polygraph Testing has only one Examiner: the owner, Thomas M. Fallstich, so there will be no additional fees or complications, as is often the case with companies that employ affiliates and sub-contracted Examiners. For detailed information on the owner/Examiner, refer to the "About CPT" page.
Once an Examinee has been polygraph tested, the Examiner will relay the results to the Employer (most likely verbally, followed by a written report). If "reasonable suspicion" was developed on more than one suspect, it is STRONGLY recommended that all reasonable suspects be tested, even if one Examinee fails. First, it demonstrates impartiality and fairness to all parties concerned. Secondly, it is almost always a real possibility that more than one individual participated in, or had knowledge of, the theft incident.
In many cases, the Examiner will dicuss deceptive results with the Examinee, but this aspect will need to be discussed with the Employer prior to testing. Often, a failed polygraph will supply the Examinee with the necessary motivation to "come clean," confess, and handle the situation "the easy way."
There still appears to be quite a bit of variance on what many people believe the polygraph is capable of accomplishing. For an in-depth discussion of this topic, please refer to the "About Polygraph" page. For employee-theft issues, the goals of the polygraph are straightforward: "Did the employee take the missing item(s)?...Does he know who took the item(s)?...Does he know what became of the missing item(s)?"
In this example, the only issue we are concerned with is: Do they know what happened the property? This is referred to as a "single-issue polygraph test," and is one of the most scientifically validated, reliable, and accurate testing formats that polygraph testing has to offer, boasting a 98% accuracy rate.
Accuracy may be increased even further by employing an additional validated technique, subsequent to the primary exam. For example, administering a single-issue polygraph exam, followed by a "peak-of-tension" or "concealed information" test, can leave us with virtually no doubt, as to whether or not a particular employee had any knowledge of, or involvement in, the theft incident.
A concealed information test exploits the innocent Examinee's ignorance to key elements of the incident, while readily identifying the deceptive Examinee's guilty knowledge. To put it simply: there are often details of an incident that only the victim, the perpetrator(s), and the investigators know.
Examples include:
the exact amount of money or items stolen...
which entrance was used...
the date and time of the theft...
a particular way the item was wrapped or positioned before the theft...
the color or shape of the container the item was in...
the list of examples is endless.
The more of these key elements we are able test on, the better. Therefore, from the moment the theft is discovered, every precaution should be taken by the Employer to keep hidden information hidden! More information that only the thief would know = more possible guilty knowledge polygraph test questions.
*NOTE: This type of testing is generally used as a supplement to a single-issue exam. It is absolutely NOT necessary to have this type of hidden information in order to successfully administer polygraph testing (many times there simply is no such information). It was explained so extensively here because, all too often, Employers HAD such concealed information, but allowed it to leak out. Remember: every business maintains a number of social "networks" within itself...oftentimes Employers themselves are not fully aware of them all. If information is leaked out, it inevitably finds its way to the guilty persons. Besides, keeping this sensitive information contained, actually protects the innocent people!
-An Employer may not fire, discipline, deny promotion, or otherwise effect adverse action upon an Employee, based SOLELY upon the Employee's refusal to take the polygraph exam.
-An Employer may not fire, discipline, deny promotion, or otherwise effect adverse action upon an Employee, based SOLELY upon the analysis of the Employee's polygraph charts.
In order to fire, or otherwise effect adverse action upon the suspected employee, the Employer needs supporting evidence in addition to a refusal to take the polygraph test, OR in addition to failing the polygraph test.
*IMPORTANT NOTE:
The "reasonable suspicion" required to first initiate the testing may also serve as the additional supporting evidence necessary to take adverse action upon an employee.
In other words, you cannot take action upon an Employee just because they failed the test, BUT the failed test combined with the reasonable suspicion that you needed to request the test, may very well be sufficient to take adverse action against said employee. The same principle applies to refusals.
-After the Exam-
-After the Exam-
Embezzlement
By definition, embezzlement is the misappropriation or conversion of funds or property for an individual's own personal use. It is fraud that oftentimes occurs over an extended period of time, but at its core, embezzlement is just a form of theft. There is essentially no difference between the two terms as far as polygraph testing is concerned, from both a legal perspective, as well as in terms of practical application. Please refer to the "Employee Theft" section on this page.
Vandalism (Business)
Damage to property, or vandalism, may also fall under the ongoing investigation exemption of the Employee Polygraph Protection Act of 1988 (EPPA). Just as is the case for Theft from Business incidents (listed above), Employers must determine that the Employee had access to the property in question, and also demonstrate a "reasonable suspicion" that the Employee may have participated in the act. The process for administering business vandalism polygraph testing is the same as in Theft from Business situations, which are covered, in detail, previously on this Services page. Please call or e-mail with any questions or concerns. Consultations are always free of charge.
Government Polygraph Testing primarily deals with the various exemptions to the Employee Polygraph Protection Act of 1988,with the exception of Police - Criminal Testing. The EPPA has NO APPLICATION TO GOVERNMENTAL EMPLOYERS. This Act does not apply to the United States Government, any State or local government, or any political subdivision of a State or local government. The EPPA likewise, DOES NOT APPLY to employees under contract with the Department of Defense or the Department of Energy, OR any employee of any contractor of such Departments. Pharmaceutical Companies are also exempt.
If your Company or Agency has ANY additional questions or concerns regarding the employment of polygraph, please, do not hesitate to contact me. There is no fee or obligation attached to such inquiries, nor even for preliminary consultations. For your added convenience, I have provided the following link to the actual State Public Law 100-347, 100th Congress, pertaining to the EPPA of 1988, in PDF format:
If your Company or Agency has ANY additional questions or concerns regarding the employment of polygraph, please, do not hesitate to contact me. There is no fee or obligation attached to such inquiries, nor even for preliminary consultations. For your added convenience, I have provided the following link to the actual State Public Law 100-347, 100th Congress, pertaining to the EPPA of 1988, in PDF format:
Pre-Employment Screening
Pre-Employment Screening is one of the most prevalent applications of the polygraph instrument. Many Law Enforcement Agencies from the smallest Municipality to the Federal Bureau of Investigation, have come to depend upon the experienced polygraph Examiner as an integral component of their screening and hiring processes. After all, there is a very good reason why the Government is completely exempt from the EPPA Laws: Because, when properly administered, the polygraph does exactly what it was designed to do. It is my steadfast predilection that the EPPA of 1988 was effectively directed at curtailing the public sector exploitation--either inadvertently, or intentionally--of unqualified "Examiners," to serve their employee screening procedures.
During my tenure at the Allentown Police Department, I administered a multitude of Law Enforcement Pre-Employment polygraph Tests, (referred to as: LEPET). Following my retirement, I was sub-contracted by the Allentown Police Department to conduct LEPET polygraphs for new police applicants, and I continue to conduct LEPETs for surrounding Police Agencies, when requested.
While many of the general tenets of LEPET polygraphs remain universally consistent, each Agency is unique, and may require adaptation and customization, in order to properly satisfy their distinctive Employee Screening requirements.
LEPET polygraph exams may be administered on an "as-needed" basis, or on a contractual basis. Contracts are usually appropriate (or required) by larger agencies, or when polygraph testing is desired on a regular basis. If your Agency requires a 'bidding-process' for such contracted services, appropriate steps will be taken. Whatever the case, the testing content and procedures should be consistent and uniform thoughout individual hiring lists and candidate groups. Comprehensive communication will be maintained with appropriate Agency personnel, in order to insure that every aspect of the process is properly conducted. Written reports of each examination and interview are provided and recommended. As in all polygraph services provided, the absolute strictest confidentiality standards are adhered to, and consultations are always free of any charge or obligation.
Whether your Agency has been employing polygraph screening tests regularly, or introducing it for the first time, I have the proper experience, knowledge, and equipment to maintain superior levels of professionalism and accuracy. If your Agency requires testing of candidates from a previously established hiring list (ie: another Examiner has already tested some of the candidates on the list), the same testing procedures and questions should be duplicated for the remaining candidates. This is not a requirement of Certified Polygraph Testing, but merely an advisement to guard against any future claims of unfairness in the hiring process. If this will be the first time your Agency incorporates polygraph testing into the hiring process, I can provide suggestions, advice, and/or examples of similar Agencies' practices, as well as all pertinent paperwork for the polygraph process.
Governmental Pre-Employment Polygraph Testing will be outlined here into the following three divisions:
Police Departments
Security or Alarm Personnel for:
- Electric or Nuclear Power Plants
- Public Water Supply Companies
- Public Transportation Companies
- Financial Institutions
- Protection of Currency
Any other Governmental Branch
Police Departments
Police Departments
Contracts
Security or Alarm Personnel
Security or Alarm Personnel
Any other branch of the Government
Any other branch of the Government
Security or Alarm Personnel
Security or Alarm Personnel
Private employers that provide personnel for armored cars, security alarm systems, or security (uniformed or plainclothes), are permitted to require pre-employment polygraph screening tests for their prospective employees, IF their services relate to any of the following:
Pharmaceutical companies (This applies to ALL employees with access to controlled substances, including current employees) NOTE: NOT limited to security personnel
Electric or nuclear power facilities
Public water supply facilities
Facilities dealing with radioactive or other toxic waste materials
Public transportation companies
Protection of currency, negotiable securities, precious commodities or instruments, or proprietary information (including Banks and Financial Institutions)
Any other facilities, materials, or operations having a significant impact on the health or safety of any State or political subdivision thereof, or the national security of the United States
If there are ANY questions or concerns regarding this type of polygraph testing, (including determination of whether or not your situation meets the criterion for this exemption), please do not hesitate to contact Certified Polygraph Testing, LLC. I will provide accurate information via free telephone consultation.
All Governmental Employers are permitted to utilize polygraph testing for pre-employment screening of prospective employees. Polygraph testing of current employees is also permitted, and in some cases, a requirement of continued employment. The EPPA of 1988 does not apply with respect to the United States Government, any State or local government, or any political subdivision of a State or local government.
If there are ANY questions or concerns regarding this type of polygraph testing, please do not hesitate to contact Certified Polygraph Testing, LLC. Contract polygraph testing is available, providing the volume is reasonable for the Examiner. Consultations are free of charge, and available by telephone or e-mail.
Contracted polygraph testing simply means that my services will be secured for a designated period of time, and the cost per exam will be fixed at a reduced contract rate. Because I am the only Examiner in the company, there is a limit to the amount of active contracts that i am able to maintain concurrently. This will be determined by the volume of examinations that existing contracts generate, as well as the number of contracts in effect. I am very realistic regarding my abilities and limitations, therefore I will never accept a workload that poses any potential threat to diminish attention or quality of any other contract.
Contract polygraph testing will always take precedence over non-contract testing. Specifically, individual examinations will be scheduled only after all pending contracted examinations are scheduled.
All contracts are drafted individually and independently, thereby assuring that each Agency receives the attention to detail necessary to properly reflect that Agency's specific needs. Contracts shall not inhibit an Agency from dissolving said contract, (without penalty or obligation), if dissatisfied for any reason.
If there are ANY questions or concerns regarding contracted polygraph testing, please do not hesitate to contact Certified Polygraph Testing, LLC. Consultations are free of charge, and are available by telephone or e-mail.
Criminal and Investigative polygraph testing services are available for all Police Departments and Law Enforcement Agencies.
These services may be employed by:
Agencies that do not already have a qualified Examiner at their disposal
Agencies that already utilize polygraph, but are temporarily in need of a qualified Examiner- either an emergency situation or an 'interim' Examiner
Situations wherein a substantial amount of exams are needed for an investigation
Situations wherein an "outside" Examiner is preferable (such as in the case of internal investigations)
Throughout my 20+ years in law-enforcement, the polygraph has proven, time after time, to be a truly invaluable asset to every type of police investigation. When properly applied by an experienced and qualified Examiner, the polygraph can accomplish tremendous furtherances for investigators. I have personally been involved in numerous cases (including homicides, assaults, and rapes) that would absolutely never have been solved, without the use of polygraph. It is very important to note, however, that in the hands of an unqualified or incompetent Examiner, the polygraph will likely be erroneous, and could even cause damage and impede an investigation. The Examiner is the single most important component of the successful polygraph examination, because through his or her experience and proficiency, all other obstacles can be minimized or eliminated. Just as is the case with most any diagnostic instrument: in the hands of an incompetent operator, inferior results are produced, while an experienced professional yields accuracy and reliability.
A great many Police Agencies maintain the benefit of polygraph personnel under their employ or at their immediate disposal. Coming from a law enforcement polygraph background, I am aware of the potential for suddenly being without an Examiner when one is needed. Certified Polygraph Testing, LLC can fill that void when a qualified law enforcement-trained Examiner is needed on short notice. I recognize that sometimes the opportunity to test individuals presents itself abruptly, and may disappear just as suddenly. Lacking their usual Examiner(s), investigators stand to miss an opportunity to benefit from the potentially crucial information that a polygraph interview often provides. I received the entirety of my polygraph training from law-enforcement, (See About CPT), trained to conduct law-enforcement examinations. The vast majority of my working experience has been from conducting law-enforcement polygraph testing. I have administered hundreds of criminal/suspect exams, and fielded thousands of criminal interviews.
While I cannot guarantee availability, every effort will be made to accommodate and assist your Agency as expeditiously and efficiently as possible. When reasonable, phone calls and e-mails will be answered on the same day that they are received.
Agencies that have never, or seldom employed polygraph testing, are urged to request a free, in-depth consultation. Consultations may be accomplished by phone, e-mail, or, in some cases, by personal appointment. There are many misconceptions regarding what polygraph can, and cannot do--- It will cost nothing but a bit of time to learn the facts about the many applications and positive impact that a qualified law-enforcement trained Examiner and polygraph instrument can have on your Department or Agency.
