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Deborah J. CORDLE, Brenda G. Billings and Brenda L. Hall
vs.
GENERAL HUGH MERCER CORPORATION, A West Virginia Corporation, D/B/A Holiday Inn of Princeton
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Issues:
Wrongful discharge, policy and procedure, evidence
Case Summary:
A district court submits a wrongful termination case to the appeals court for consideration of specific questions. Officials at the General Hugh Mercer Corporation terminated three workers for refusing to take a polygraph test. The three acknowledged signing consent forms in which they agreed to comply with the test, but argued the company offered no specific reason for conducting the exam. The trio filed suit against the company, claiming wrongful termination and a breach of public policy. The company responded with a motion for summary judgment.
Decision of lower jurisdiction:
A district court denied the company's motion for summary judgment. The district court subsequently submitted the case to the appeals court for a ruling on whether polygraph tests in the workplace constituted a violation of the state's standards for public policy.
Outcome:
The three former employees win. The West Virginia Supreme Court of Appeals affirmed the district court's ruling. The appeals court ruled the company's action violated public policy. The court remanded the case for appropriate action.