Troberg Stores

In his legal opinion, the federal judge responded to each allegation that Kirby Jacobson field against Troberg Stores. Regarding the first allegation, the judge ruled that the company had not required or effectively caused Kirby to take the polygraph examination. Instead, the judge ruled that Officer Burnett, on her own initiative, requested Kirby to take the polygraph test. The judge found in favor of Kirby on the remaining three allegations. First, the judge ruled that Troberg Stores and its management improperly used the polygraph results in evaluating Kirby's employment status. Second, evidence presented by Kirby's legal counsel clearly demonstrated that Paulsen and Velloti relied on the polygraph results in deciding to demote Kirby. Finally, the judge agreed that Kirby faced an intolerable work environment following his demotion, which effectively forced him to resign his job. Since Troberg Stores and its management were ultimately responsible for creating the hostile work environment, the judge ruled that the company had constructively discharged Kirby.

The federal judge awarded Kirby Jacobson approximately $40,000 in damages from Troberg Stores and its management. Included in those damages was $15,000 for "emotional distress" inflicted on Kirby by his former employer and approximately $25,000 for lost wages and employment benefits.

In awarding the judgment to Kirby Jacobson, the judge acknowledge that Kirby "may well have committed the theft from the cash register." The judge then went on to point out that Troberg Stores bungled two opportunities to dismiss Kirby. First, the company could have dismissed Kirby immediately following the May 1995 theft. Circumstantial evidence collected by Paulsen and Velotti clearly implicated Kirby in the previous thefts at the Sixth Street store. According to the judge, the additional suspicion cast on Kirby's integrity by the May 1995 theft provided Troberg Stores sufficient