*Civil Polygraph examinations generally are examinations that involve business issues in which there is a search for either an internal theft situation or some other issue that has called into question the veracity of the subjects involved but is not deemed to be criminal in nature.

Civil polygraph examinations, as previously stated, are often employment related. Whether it is sexual harassment or internal theft related, these matters are structured like all polygraph examinations with a thorough education for the examiner prior to the subject showing up at his appointment. A pretest interview with the polygraph examiner and the subject is conducted, questions for the examination are formulated, the actual polygraph examination itself is conducted, and the grading of the examination is done.

Again, it questions. Obviously the accused crime is going to evoke a reaction on an innocent subject. That is why when the examiner scores a polygraph examination he will often not give any negative score unless the reaction to the relevant question is twice the amount of the reaction than to the control question.

In a criminal polygraph examination, the subject’s information has already been relayed to the polygraph examiner even before the subject appears at the polygrapher’s office. The polygrapher has already read the police report and/or a report to the examiner by the subject’s attorney. A prospective list of questions has already been prepared by the polygraph examiner for the pretest interview.

When the subject arrives, they will always sign a consent color, instead of asking a group of people whether they stole the missing money, you could just ask if the missing bank bag was purple, green, black, red, yellow, or blue. Obviously, if the bank bag was an unusual color, say yellow, and out of ten subjects only one responded to yellow, then the investigation would probably focus on the individual who responded to the yellow color.

Civil polygraph examinations also include the need for additional forms, that being the employment protection act polygraph form that the federal government has recommended. A sample of these forms will be attached to this section.

EMPLOYEE PROTECTION AND POLYGRAPH ACT - NOTICE TO EXAMINEE

Section 8(b) of the Employee Polygraph Protection Act, and the Department of Labor regulations (29 CFR 801.22) require that you be given the following information before taking a polygraph examination:

1. (a) The polygraph examination area (does) (does not) contain a two-way mirror, a camera, or other device through which you may be observed.

(b) Another device, such as those used in conversation or recording, (will)
(will not) be used during the examination.

(c) Both you and the employer have the right, with the other’s knowledge, to record electronically the entire examination.

2. (a) You have the right to terminate the test at any time.

(b) You have the right, and will be given the opportunity, to review all questions to be asked during the test.

(c) You may not be asked questions in a manner which degrades or needlessly intrudes.

(d) You may not be asked any questions concerning: religious beliefs or opinions; beliefs regarding racial matters; political beliefs or affiliations; matters relating to sexual behaviors; beliefs, affiliations, opinions, or lawful activities regarding unions or labor organizations.

(e) The test may not be conducted if there is sufficient written evidence by a physician that you are suffering from a medical or psychological condition or undergoing treatment that might cause abnormal responses during the examination.

3. (a) The test is not and cannot be required as a condition of employment.

(b) The employer may not discharge, dismiss, discipline, deny employment or promotion, or otherwise discriminate against you based on the analysis of a polygraph test, or based on your refusal to take such a test without additional evidence which would support such action.

(c)(1) In connection with the ongoing investigation, the additional evidence required for an employer to take adverse action against you, including termination, may be (a) evidence that you had access to the property that is the subject of the investigation, together with (b) the evidence supporting the employer’s reasonable suspicion that you were involved in the incident or activity under investigation.

(c)(2) Any statement made by you before or during the test may serve as additional supporting evidence for an overt employment action as described in 3(b) above and any admission of criminal conduct by you may be translated to an appropriate government law enforcement agency.

4. (a) Information acquired from the polygraph test may be disclosed by the examiner or by the employer only (1) to you or any other person specifically designated in writing by you to receive such information; (2) to the employer that requested the test; (3) to a court, government agency, arbitrator, or mediator that obtains a court order; (4) to a U.S. Department of Labor official when specifically designated in writing by you to receive such information.

(b) Information acquired from a polygraph test may be disclosed by the employer to an appropriate government agency without court order where, and only insofar as the information disclosed is an admission of criminal conduct.

5. If any of your rights or protections under law are violated, you have the right to file a complaint with the Wage and Hour division of the U.S. Department of Labor or take action in court against the employer. Employers who violate this law are liable to the affected employee who may recover such legal and equitable relief as may be appropriate, including employment reinstatement, promotion, payment of lost wages, benefits, and reasonable costs, including attorney fees. The Secretary of Labor may also bring action to restrain violations of the act or may accept civil money penalties against the employer. Your rights under the act may not be waived, either voluntarily or involuntarily, by contract or otherwise except as written if part of a written settlement to a pending action or complaint under the act and agreed to and signed by the parties.

I acknowledge that I have received a copy of the above notice and it has been read to me.

_________________________
Signature of Employee

Date:_____________________

The cost of a civil polygraph examination is $450 per test. They usually average about an hour and a half. If a series of peak of attention tests are going to be conducted on a group of suspects in such an internal theft situation, it is possible for the examiner to charge a daily rate to do a maximum of four to five of those polygraph examinations per day. This makes the per cost examination rate quite a bit cheaper than the $450 per test fee.

Civil investigations include, but are not limited to areas such as:

• Worker's compensation
• Surveillance (video and/or photographs)
• Asset searches (Real property, public records, and more)
• Personal injury cases (i.e. auto accidents, slips and falls, and more)
• Missing persons, relatives, old friends/Skip tracing
• Locate witnesses
• Secure statements
• Pre-employment screening
• Corporate Investigations
• Fraud
• Attorney Services
• Background investigations
• Unlisted Telephone Numbers
• Employee Investigations

Our rate for Civil Investigations is $75.00 an hour with an initial retainer normally of $500.00.  We work off the retainer and, if necessary, seek an additional retainer if the case-lode requires it.  Again, we work off the retainer so you aren’t left with owing a bill or having to make payments.  Most cases are completed well within the agreed upon budget.

*Ted Pulver has worked in conjunction and direction of world famous Detective George Tom Steeley of Universal Consultants.