Prior to 1988, Marguerite Cook and other former employees of Rite Aid of Maryland, Inc., were directed to submit to polygraph examinations regarding inventory shortages or "shrinkage" at certain Rite Aid stores. Cook and others refused to take the examination. After her refusal, Cook had her hours cut, had her store keys taken away, and was transferred to a distant store. When Cook refused to comply with the transfer and schedule changes, she was terminated for refusing the directives of management. The state polygraph statute prohibits employers from requiring individuals or employees to take polygraph examinations and authorizes the attorney general to bring suit on behalf of "any aggrieved applicant for employment."

Cook brought a common law tort action for "discharge contrary to public policy" against Rite Aid, seeking compensatory and punitive damages from Rite Aid. Cook contended that Rite Aid improperly challenged her trustworthiness by ordering her to take a polygraph test and then aggravated the injury by attempting to force her to resign by giving her undesirable work hours at an undesirable work location. She stated that when she refused the new assignment, she was wrongfully discharged. Rite Aid contended that the common law action must be dismissed because the polygraph statute includes a civil remedy, and such is Cook's exclusive remedy.

Rite Aid contended that while the polygraph statute prohibits the discharge of employees who refuse to take a polygraph test, it did not prohibit a transfer or a reduction in hours for an employee who refused to take such an examination. Rite Aid contended that it terminated Cook because she failed to follow a proper directive of management, which was its right, and that chaos would result if an employer were not allowed to terminate insubordinate employees.

Was Cook precluded from bringing a wrongful discharge case on her own rather than seeking a remedy under the polygraph statute?

Will the EPPA of 1988 preclude similar public policy wrongful discharge actions?

Did the employer have a right to terminate Cook for failure to comply with the assignment and hours given to her? Decide.