New York Wrongful Termination Lawyers Protect Employees from Polygraph Tests
New York wrongful termination lawyers help employees fight for their rights when they have been fired for unlawful reasons. New York, like most states, is an “at-will” employment state which means that an employer can terminate most workers for any reason or no reason at all. When a worker is fired, there is a presumption that the actions of the employer are legal.
If you have been terminated, it may seem unfair. But unfair is not the same as unlawful. There are circumstances where it is truly unlawful to terminate an employee. For example, firing an employee may be unlawful when it is:
- In breach of a valid employment contract
- For a discriminatory reason such as the employee’s alien status, race or gender
- In violation of public policy
- In retaliation for reporting discrimination, safety violations or illegal activity
- For exercising a protected right
- For military duty
- For refusing to take a polygraph test
If you think you were terminated for any unlawful reason, find out for sure by speaking with the experienced New York wrongful termination lawyers at Leeds Brown. You may be able to recover monetary damages from your employer to cover things like lost wages and emotional distress. You may be able to get your job back.
Wrongful termination cases can be quite complex because they often involve a number of federal and state laws. The Civil Rights Act of 1964, New York labor law, contract law, and others may impact your case and the procedure and process you must follow. Your best course of action may be difficult to determine without the assistance of an attorney.
Our full service employment team knows exactly what it takes to prove a wrongful termination claim and has a solid track record of achieving successful results. Dedicated New York wrongful termination attorneys at Leeds Brown will work tirelessly to secure the outcome you deserve.
Legislation Protects Employees from Polygraph Tests in New York
Most people have heard of Title VII, The Americans with Disabilities Act, the FMLA, and The Age Discrimination in Employment Act which prevent employers from firing employees for discriminatory or unlawful reasons. The laws form the basis of thousands of complaints and lawsuits filed by workers every year in New York and across the nation.
One of the lesser known employee protection laws is the Employee Polygraph Protection Act. If you are terminated in violation of this act, you may have a cause of action against your employer. The Employee Polygraph Protection Act is a federal statute that makes it illegal for a private employer to:
- require, request, suggest or cause any employee or job applicant to submit to a lie detector test
- use, accept, refer to, or inquire about the results of any lie detector test conducted on an employee or job applicant, or
- dismiss, discipline, discriminate against, or even threaten to take action against any employee or job applicant who refuses to take a lie detector test.
- The law also prohibits employers from discriminating against or firing those who claim its protections.
The Employee Polygraph Protection Act does permit the use of lie detector tests in some areas of employment. For example, if you have a job in the security industry you may have to submit to a polygraph test. The act does not apply if you work for the government. If your employer is investigating a specific employment related crime, there are circumstances where a polygraph test may be permitted.
New York Employers May Not Administer Polygraph Tests to Employees
However, if you work in New York, you receive far more protection from polygraph testing than the Employee Polygraph Protection Act provides. In New York, employers may not use them at all. NY Labor law 735 states:
“No employer or his agent shall require, request, suggest or knowingly permit any employee or prospective employee of such employer to submit to a psychological stress evaluator examination and no employer shall administer or utilize the results of such test within or without the state of New York for any reason whatsoever.”
New York Employees May Recover Damages
If you have been fired for refusing to submit to a polygraph test or have been terminated based on the results of a polygraph test, you may be entitled to lost wages, back pay or reinstatement. Firing someone for failing to take a polygraph test in New York is unlawful and you may want to consider filing a wrongful termination lawsuit against your employer.
Contact New York Wrongful Termination Attorneys
New York wrongful termination attorneys at Leeds Brown understand the complex laws and procedures that govern the employee-employer relationship. Our team has spent decades, successfully and passionately protecting workers’ rights in New York. Contact our office to learn whether we can do the same for you.
If you think you have been wrongfully terminated, are owed wages or have discriminated against, it may help to speak with employment lawyers at Leeds Brown. You may a number of potential claims against your employer. We can help you determine the best course of action to secure the compensation or reinstatement to which you may be entitled.
We have someone here to take your call seven days per week, 24 hours per day. We know you are busy and will do our best to accommodate your schedule. Call New York wrongful termination attorneys at Leeds Brown today – 1-800-585-4658.