Jack Lord, a partner in Foley’s Orlando office, authored the article, “Use Polygraph Exam Only if the Circumstances Allow It,” which appeared in the July 13 issue of the Orlando Business Journal. In this article, Lord discusses the circumstances in which an employer can use a lie detector test for an employee without running into a lawsuit. Federal law states that the case must be related to economic loss or injury and the employer must narrow down suspicion to only certain employees before they can be requested to take the test. Also, an employee cannot be terminated on the basis of the test without any supporting evidence.
