TWIGG v. HERCULES CORPORATION

No. 19501.

406 S.E.2d 52 (1990)

Edward P. TWIGG, Jr. v. HERCULES CORPORATION.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion of Justice Brotherton June 7, 1991.


Attorney(s) appearing for the Case

David H. Webb, Staggers and Webb, Keyser and Robert M. Bastress, Jr., Morgantown, for Edward P. Twigg.

Charles Q. Gage and L. Anthony George, Jackson & Kelly, Charleston, for Hercules Corp.


WORKMAN, Justice:

This case is before the Court to answer a certified question posed by the United States District Court for the Northern District of West Virginia. The question certified by the district court is as follows:

Can the discharge of an employee for refusing to submit to urinalysis as part of a random drug test violate a substantial public policy of West Virginia and subject the employer to damages under Harless v. First National Bank in Fairmont...

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