Man Says He Has a Right to Refuse Polygraph

     ATLANTA (CN) – Washington Mutual Bank violated the Employee Polygraph Protection Act by firing an employee for refusing to take a lie-detector test, the former employee claims in Federal Court.

     Dave Cummings, who once worked as a branch manager for Washington Mutual, was asked to take a lie-detector test after his supervisor discovered that money was missing from a branch Cummings once managed.
     A member of the company’s Corporate Fraud Investigations unit asked him to take the test after interrogating Cummings for an hour, the lawsuit claims. However, Cummings said that he did not feel comfortable taking the test without an attorney present. Following the meeting, Cummings’ supervisor met with him to give him a performance review and discuss the lie detector test. His former supervisor gave Cummings a positive performance review and a raise, but she asked him to take the lie-detector test again. The plaintiff still refused.
     Shortly after his refusal, Cummings was fired. He is represented by Jonathan Sexton.

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