Twigg v. Hercules Corporation

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 Fairmmont, [162 W.Va. 116,] 246 S.E.2d 270 (1978) and [169 W.Va. 673,] 289 S.E.2d 692 (1982), when the employer has no *156individualized suspicion of…