California: Wrongful Termination for Mandatory Polygraph Test
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APPLIES TO All Employers with Employees in CA |
EFFECTIVE September 30, 2025 |
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Discussion
In McDoniel v. Kavry Management, LLC, the California Court of Appeals said that an employer may be liable for wrongful termination for a violation of Labor Code Section 432.2. Specifically, Section 432.2 states that employers cannot require employees to take a polygraph test as a condition of employment, and must provide written notice of an employee’s right to refuse a test upon request from an employer.
Here, cash and marijuana were stolen from a growing facility and the employer required all employees to take a polygraph as a result of the theft. An employee was determined to have “failed” the test and was not provided with the required notice. He was subsequently terminated based on the polygraph result.
An employer’s right to terminate at-will employees is subject to the limitations of “public policy.” An employee must prove, in part, that a wrongful termination was substantially motivated by a violation of public policy. The court said that polygraphs “inherently intrude” on individual privacy and are not entirely accurate, which is why Section 432.2 exists – to protect employees by minimizing “adverse employment actions that result from tests that our Legislature has deemed unreliable and undesirable.” As such, an employer may be liable for wrongful termination for violating Section 432.2.
Action Items
- Evaluate use of polygraph tests with legal counsel for compliance.
- Provide the required written notice if using polygraph tests.
- Have appropriate personnel trained on the requirements.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase