There may come a time when you find yourself on the receiving end of an accusation of theft or fraud from your West Virginia employer. Do you know what rights you have as an employee?
Chron offers fundamental knowledge on the subject. Understanding your rights is one of the best ways to avoid giving them up, or having someone violate them.
Refusal to submit to a polygraph
To determine your innocence, your employer may request that you submit to a polygraph. If so, not only does your employer have to provide you with 48 hours’ notice before administering the test, your employer also has to share the fact that you can refuse the test. Additionally, some topics remain off-limits. Should your employer violate your rights regarding a polygraph test, you can take your case to the U.S. Department of Labor.
View the human resources file
Another right you have is that of looking at the HR file regarding the theft/fraud accusation. This file contains all the evidence that your employer has against you, but you may not necessarily agree with everything in it. Even if your employer successfully terminates you, you may still have a case if the HR file contains false evidence.
You may wish to leave work after learning of the fraud or theft accusation, and your employer may want to detain you from doing so. You may view this as a form of kidnapping, which is, of course, illegal. Your employer may not search you for the suspected stolen item, but a police officer can as long as probable cause exists that you committed a crime.