Shirley Berube, Plaintiff and Appellant v. Fashion Centre, Ltd., Dba Fashion Gal of Ogden, Joseph E. Torman, Dba…

Summary

The court held that the statutory prohibition on terminating employment for refusing a deception-detection examination applies only to surreptitious examinations, not the polygraph examinations at issue. It affirmed summary judgment for the polygraph company because the plaintiff's signed release barred her negligence claims, but reversed and remanded the wrongful-discharge ruling because the employer's disciplinary policy and related conduct could support an implied contractual term limiting termination. Justice Zimmerman, concurring in the result, would permit trial only on the implied-in-fact contract theory and rejected recognizing a separate employment covenant-of-good-faith claim.