My question involves labor and employment law for the state of: California
My potential employer (a private and non government business) stated in writing on a form that they had me complete, that they were qualified for an exemption to the EPPA (Employee Polygraph Protection Act). After I had passed their background check, I got a call to tell me they had scheduled me to take the test the following day.
I asked why they required pre-employment tests and the employers response was that "because their insurance requires it and so they can get lower rates." I was also told because they are able to tell their clients that all of their employees have passed a polygraph test and this makes them feel more comfortable. I asked if this was legal and was also told yes.
The problem is they don't qualify for any of the exemptions under the federal law and even if they did, the California law is even more restrictive and has no exemptions except for government workers.
In a perfect world I should be able to point this out, they realize the error of their ways, be willing to correct it and allow me to have the job. Right?
But what occurred in the real world, is a bit different.
They made me an offer for the position, but at a significantly lower pay rate than I was had been told on two previous occasions. We're talking about $10,000 less per year! I asked how I had been provided with conflicting information and the only response was to repeat the offer, along with take it or leave it. No mention of why or how the conflicting information occurred.
I really need the job, but should I accept it and work for a company that either A) condones a hiring practice like telling an applicant they pay a higher rate until they make a written offer (I doubt this was the reason), B) The manager that interviewed me quoted the wrong pay rate twice (also doubtful as he's worked for them almost 10 years), or C)They are retaliating against me for refusing the polygraph and pointing out that it was illegal to do.
Accepting the job would effect my unemployment benefits and change my health insurance rates. I'm not sure what would happen if they only gave me the chance to start working, while planning to fire me as soon as possible? I feel like I can't trust or rely on them to treat me fairly at this point.
Are there any other options you see, or think of that I'm not considering? Does anyone know what kind of recourse is available for retaliation against an employee who complained about an employers illegal actions?
Thank you.
My potential employer (a private and non government business) stated in writing on a form that they had me complete, that they were qualified for an exemption to the EPPA (Employee Polygraph Protection Act). After I had passed their background check, I got a call to tell me they had scheduled me to take the test the following day.
I asked why they required pre-employment tests and the employers response was that "because their insurance requires it and so they can get lower rates." I was also told because they are able to tell their clients that all of their employees have passed a polygraph test and this makes them feel more comfortable. I asked if this was legal and was also told yes.
The problem is they don't qualify for any of the exemptions under the federal law and even if they did, the California law is even more restrictive and has no exemptions except for government workers.
In a perfect world I should be able to point this out, they realize the error of their ways, be willing to correct it and allow me to have the job. Right?
But what occurred in the real world, is a bit different.
They made me an offer for the position, but at a significantly lower pay rate than I was had been told on two previous occasions. We're talking about $10,000 less per year! I asked how I had been provided with conflicting information and the only response was to repeat the offer, along with take it or leave it. No mention of why or how the conflicting information occurred.
I really need the job, but should I accept it and work for a company that either A) condones a hiring practice like telling an applicant they pay a higher rate until they make a written offer (I doubt this was the reason), B) The manager that interviewed me quoted the wrong pay rate twice (also doubtful as he's worked for them almost 10 years), or C)They are retaliating against me for refusing the polygraph and pointing out that it was illegal to do.
Accepting the job would effect my unemployment benefits and change my health insurance rates. I'm not sure what would happen if they only gave me the chance to start working, while planning to fire me as soon as possible? I feel like I can't trust or rely on them to treat me fairly at this point.
Are there any other options you see, or think of that I'm not considering? Does anyone know what kind of recourse is available for retaliation against an employee who complained about an employers illegal actions?
Thank you.
Discrimination: Employee Polygraph Protection Act (Eppa) Violation by Employer
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