Public policy, random drug testing, reasonable suspicion, privacy, policy and procedure.

Edward Twigg appeals his dismissal for refusing to participate in a company-required drug test.. Twigg, an employee of Hercules Corp., submitted to two random drug tests per company policy despite his objections. Later, he refused to submit to a third drug test. He was fired. The central question is whether an employee's refusal to submit to a random drug test, ordered without reasonable suspicion, violates public policy.

The U.S. District Court for the Northern District of West Virginia presented the above question in certified form for judgment by the Supreme Court.

The company wins: The West Virginia Supreme Court of Appeals dismissed the case. The court noted that Hercules, as a manufacturer of explosives and dangerous fuels, "does employ individuals who, if drug-impaired, could increase the risk of harm to others, whether they are members of the general public or other employees."