Policy and procedure, drug testing, private right of action.

Debora Flowers files suit against Wal-Mart, challenging the company's decision not to retain her after she transferred from one company store to another. Flowers filed for a transfer from a store in one state to a Wal-Mart store Virginia. She completed the appropriate internal forms and complied with a transfer policy that required her to submit to a medical exam and a drug test. Flowers moved to Virginia and reported to work. A new manager at the Wal-Mart stored refused to honor the transfer arrangement, leaving Flowers without employment. She filed suit. The company responded with a motion for summary judgment, arguing that Flowers was an at-will employee.

This is the first judicial review of this case.

Flowers wins. The U.S. District Court for the Eastern District of Virginia denied the company's motion for summary judgment. The court ruled that Flowers was an at-will employee, but had a reasonable expectation that the company would honor its agreement. The court emphasized that Flower fulfilled her obligations to the transfer agreement and incurred a considerable amount of expense in moving to another state.