Which of the Following Was the Result on Appeal in Polkey

question 76

Multiple Choice

Which of the following was the result on appeal in Polkey v. Transtrecs Corp., the case in the text in which the employee sued after being fired for refusing to take a polygraph test?

• A) That the employee had no cause of action under the Employee Polygraph Protection Act because of the employment-at-will doctrine and that the Employee Polygraph Protection Act only applied to federal government employees and members of Congress.
• B) That the employee could not prevail under the Employee Polygraph Protection Act because her employer contracted with the government, and national security was involved.
• C) That the employee could not prevail under the Employee Polygraph Protection Act because the employer instituted polygraph testing as part of an ongoing investigation.
• D) Both that the employee could not prevail under the Employee Polygraph Protection Act because her employer instituted polygraph testing as part of an ongoing investigation and also because of national security issues involved with the employer's contract with the government.
• E) That the employee could prevail under the Employee Polygraph Protection Act.

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Definitions:

Condition Subsequent

A condition in a contract that, if it occurs, terminates the party's obligation or alters the terms of the agreement.

Rescission

Rescission is the legal act of unmaking or terminating a contract, returning the parties involved to their positions prior to the contract's existence.

Restitution

The return of any property given up under a contract.

Absolute Obligation

A duty or responsibility that is not subject to any conditions and must be fulfilled under all circumstances.