After working as the manager of Piedmont Commons branch of Washington Mutual Bank (Washington), Dave Cummings was transferred to another branch. The new manager of Piedmont discovered $58,000 was missing from cash dispenser machines to which Cummings had had access. Bank investigators found security photos showing Cummings violating bank policy requiring two persons to be present when cash was handled. employees told them he had frequently violated the policy. The investigators asked him to take a polygraph test and he refused. Washington fired him telling him it was because he violated the policy. Cummings sued Washington alleging it had violated the EPPA. Had it?