West Virginia Record

Sunday, February 23, 2020

Former Montgomery General employee alleges he was terminated for refusing lie detector test

By Philip Gonzales | Jan 17, 2017

General court 4

FAYETTEVILLE – A man has filed a class action against Montgomery General Hospital over allegations his 42-year employment with the facility was terminated because he refused to take a lie detector test.

Vernon Bailey filed a complaint individually and on behalf of all others similarly situated on Dec. 23 in Fayette Circuit Court against Montgomery General Hospital Inc. alleging that the former employer willfully violated the West Virginia Wage Payment and Collection Act.

According to the complaint, the plaintiff alleges that on April 6, 2016, he was terminated from his employment with the defendant as manager of housekeeping for his refusal to submit to a lie detector test. The suit states the test was requested because the defendant was investigating a complaint. He alleges he has suffered and will continue to suffer lost wages and benefits, indignity, embarrassment, humiliation and emotional distress. The plaintiff holds Montgomery General Hospital Inc. responsible because the defendant allegedly unlawfully required him to take lie detector test and discharging him for not doing so.

The plaintiff requests a trial by jury and seeks compensatory damages in an amount to be proven by jury, award for punitive damages, pre- and post-judgment interest, attorney's fees and costs. He is represented by Rodney A. Smith and Todd S. Bailess of Bailess Smith PLLC in Charleston. The case has been assigned to Circuit Judge Paul M. Blake Jr.

Fayette Circuit Court Case number 16-c-339

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Fayette Circuit Court