at-will doctrine in Mississippi

2021Every other time an exception has been proposed, this Court has “deferred to the legislative process to create exceptions to the at-will doctrine.” Id. at 758 (citing Swindol, 194 So. 3d at 852 ).

2020Under the at-will doctrine, “an employee may be discharged at the employer’s will for good reason, bad reason, or no reason at all, excepting only reasons independently declared legally impermissible.” McArn, 626 So. 2d at 606 (emphasis added) (quoting Shaw, 481 So. 2d at 254 ); see also Kelly, 397 So. 2d at 875 (recognizing that “the harshness of the terminable at will rule is subject to 3 These exceptions are: (1) an employee who refuses to participate in an illegal act . . . shall not be barred by the common law rule of employment at will from bringing an action in tort for damages against

2018Bobbitt v. Orchard, Ltd. , 603 So.2d 356 (Miss. 1992). ¶ 46.

1999The Mississippi Supreme Court created an exception to the at-will doctrine in Bobbitt v. Orchard, Ltd., 603 So.2d 356, 361 (Miss. 1992).

2023Valley Gas Co., 397 So. 2d 874, 876 (Miss. 1981) (refusing to “engraft on the [Workers’ Compensation] law [a retaliatory discharge] exception different from that expressed by the Legislature,” recognizing that “[t]his is not the function of the judicial department”). ¶61.

2020Under the at-will doctrine, “an employee may be discharged at the employer’s will for good reason, bad reason, or no reason at all, excepting only reasons independently declared legally impermissible.” McArn, 626 So. 2d at 606 (emphasis added) (quoting Shaw, 481 So. 2d at 254 ); see also Kelly, 397 So. 2d at 875 (recognizing that “the harshness of the terminable at will rule is subject to 3 These exceptions are: (1) an employee who refuses to participate in an illegal act . . . shall not be barred by the common law rule of employment at will from bringing an action in tort for damages against

2021Every other time an exception has been proposed, this Court has “deferred to the legislative process to create exceptions to the at-will doctrine.” Id. at 758 (citing Swindol, 194 So. 3d at 852 ).

2020E.g., Swindol, 194 So. 3d at 852 (observing there was no need to “judicially graft another ‘exception’ to the employment-at-will doctrine . . . because the Legislature already has”); Kelly v. Miss.

2023Co. v. Thomas, 299 So. 3d 752 , 757-58 (¶¶19-20) (Miss. 2020) (refusing to “judicially carve out a public-policy exception to the at-will doctrine based on discrimination” where such actions “have already been ‘independently declared legally impermissible’ under [federal law]” (quoting Swindoll, 194 24 So. 3d at 852 (¶16))); Kelly v. Miss.

2022See Byrd v. Imperial Palace of Miss., 807 So. 2d 433, 438 (¶18) (Miss. 2001) (finding an employee handbook that set forth grievance procedure for terminated employees did not create a contractual obligation that might override the at-will doctrine). ¶31.

2020McArn, 626 So. 2d at 607 . 9 exception in light of express legislative action” (quoting Green v. Amerada-Hess Corp., 612 F.2d 212, 214 (5th Cir. 1980))). ¶20.

2018In Lippincott , immediately after the above-quoted statement, this Court added the following: "In Hartle , the [Supreme Court] may only have been addressing the question of whether an implied duty was relevant to wrongful discharge" because "[t]o require good faith in the discharge of an at-will employee would essentially repeal the at-will doctrine." Id.

2018As a matter of fact, all that the Supreme Court held in Hartle was that (1) the good faith "provision of ... the Uniform Commercial Code ... does not apply to employment contracts" and (2) " at-will employment relationships are not governed by an implied covenant of good faith and fair dealing." Hartle , 626 So.2d at 110 (emphasis added). 8 Neither holding has any significance in this case.

2015Contractors, Inc., 551 N.E.2d 981 (Ohio 1990)) (recognizing a cause of action in tort for wrongful discharge in violation of public policy); Martin Marietta Corp. v. Lorenz, 823 P.2d 100, 102 (Colo.1992) (”[W]e hold that Lorenz’s cause of action [for wrongful discharge] accrued on the date of his actual discharge and that his tort claim was filed within the applicable statute of limitations.”); Peterson v. Browning, 832 P.2d 1280, 1284 (Utah 1992) (“Of those courts recognizing the public policy exception to the at-will doctrine, the overwhelming majority adopt the tort theory.”); Amos v. Oakda

2015Contractors, Inc., 551 N.E.2d 981 (Ohio 1990)) (recognizing a cause of action in tort for wrongful discharge in violation of public policy); Martin Marietta Corp. v. Lorenz, 823 P.2d 100, 102 (Colo.1992) (”[W]e hold that Lorenz’s cause of action [for wrongful discharge] accrued on the date of his actual discharge and that his tort claim was filed within the applicable statute of limitations.”); Peterson v. Browning, 832 P.2d 1280, 1284 (Utah 1992) (“Of those courts recognizing the public policy exception to the at-will doctrine, the overwhelming majority adopt the tort theory.”); Amos v. Oakda

2015Contractors, Inc., 551 N.E.2d 981 (Ohio 1990)) (recognizing a cause of action in tort for wrongful discharge in violation of public policy); Martin Marietta Corp. v. Lorenz, 823 P.2d 100, 102 (Colo.1992) (”[W]e hold that Lorenz’s cause of action [for wrongful discharge] accrued on the date of his actual discharge and that his tort claim was filed within the applicable statute of limitations.”); Peterson v. Browning, 832 P.2d 1280, 1284 (Utah 1992) (“Of those courts recognizing the public policy exception to the at-will doctrine, the overwhelming majority adopt the tort theory.”); Amos v. Oakda

2015Contractors, Inc., 551 N.E.2d 981 (Ohio 1990)) (recognizing a cause of action in tort for wrongful discharge in violation of public policy); Martin Marietta Corp. v. Lorenz, 823 P.2d 100, 102 (Colo.1992) (”[W]e hold that Lorenz’s cause of action [for wrongful discharge] accrued on the date of his actual discharge and that his tort claim was filed within the applicable statute of limitations.”); Peterson v. Browning, 832 P.2d 1280, 1284 (Utah 1992) (“Of those courts recognizing the public policy exception to the at-will doctrine, the overwhelming majority adopt the tort theory.”); Amos v. Oakda

2015Contractors, Inc., 551 N.E.2d 981 (Ohio 1990)) (recognizing a cause of action in tort for wrongful discharge in violation of public policy); Martin Marietta Corp. v. Lorenz, 823 P.2d 100, 102 (Colo.1992) (”[W]e hold that Lorenz’s cause of action [for wrongful discharge] accrued on the date of his actual discharge and that his tort claim was filed within the applicable statute of limitations.”); Peterson v. Browning, 832 P.2d 1280, 1284 (Utah 1992) (“Of those courts recognizing the public policy exception to the at-will doctrine, the overwhelming majority adopt the tort theory.”); Amos v. Oakda

2015Contractors, Inc., 551 N.E.2d 981 (Ohio 1990)) (recognizing a cause of action in tort for wrongful discharge in violation of public policy); Martin Marietta Corp. v. Lorenz, 823 P.2d 100, 102 (Colo.1992) (”[W]e hold that Lorenz’s cause of action [for wrongful discharge] accrued on the date of his actual discharge and that his tort claim was filed within the applicable statute of limitations.”); Peterson v. Browning, 832 P.2d 1280, 1284 (Utah 1992) (“Of those courts recognizing the public policy exception to the at-will doctrine, the overwhelming majority adopt the tort theory.”); Amos v. Oakda

2015Contractors, Inc., 551 N.E.2d 981 (Ohio 1990)) (recognizing a cause of action in tort for wrongful discharge in violation of public policy); Martin Marietta Corp. v. Lorenz, 823 P.2d 100, 102 (Colo.1992) (”[W]e hold that Lorenz’s cause of action [for wrongful discharge] accrued on the date of his actual discharge and that his tort claim was filed within the applicable statute of limitations.”); Peterson v. Browning, 832 P.2d 1280, 1284 (Utah 1992) (“Of those courts recognizing the public policy exception to the at-will doctrine, the overwhelming majority adopt the tort theory.”); Amos v. Oakda

2015Contractors, Inc., 551 N.E.2d 981 (Ohio 1990)) (recognizing a cause of action in tort for wrongful discharge in violation of public policy); Martin Marietta Corp. v. Lorenz, 823 P.2d 100, 102 (Colo.1992) (”[W]e hold that Lorenz’s cause of action [for wrongful discharge] accrued on the date of his actual discharge and that his tort claim was filed within the applicable statute of limitations.”); Peterson v. Browning, 832 P.2d 1280, 1284 (Utah 1992) (“Of those courts recognizing the public policy exception to the at-will doctrine, the overwhelming majority adopt the tort theory.”); Amos v. Oakda

2015Contractors, Inc., 551 N.E.2d 981 (Ohio 1990)) (recognizing a cause of action in tort for wrongful discharge in violation of public policy); Martin Marietta Corp. v. Lorenz, 823 P.2d 100, 102 (Colo.1992) (”[W]e hold that Lorenz’s cause of action [for wrongful discharge] accrued on the date of his actual discharge and that his tort claim was filed within the applicable statute of limitations.”); Peterson v. Browning, 832 P.2d 1280, 1284 (Utah 1992) (“Of those courts recognizing the public policy exception to the at-will doctrine, the overwhelming majority adopt the tort theory.”); Amos v. Oakda

2015Contractors, Inc., 551 N.E.2d 981 (Ohio 1990)) (recognizing a cause of action in tort for wrongful discharge in violation of public policy); Martin Marietta Corp. v. Lorenz, 823 P.2d 100, 102 (Colo.1992) (”[W]e hold that Lorenz’s cause of action [for wrongful discharge] accrued on the date of his actual discharge and that his tort claim was filed within the applicable statute of limitations.”); Peterson v. Browning, 832 P.2d 1280, 1284 (Utah 1992) (“Of those courts recognizing the public policy exception to the at-will doctrine, the overwhelming majority adopt the tort theory.”); Amos v. Oakda

2015Contractors, Inc., 551 N.E.2d 981 (Ohio 1990)) (recognizing a cause of action in tort for wrongful discharge in violation of public policy); Martin Marietta Corp. v. Lorenz, 823 P.2d 100, 102 (Colo.1992) (”[W]e hold that Lorenz’s cause of action [for wrongful discharge] accrued on the date of his actual discharge and that his tort claim was filed within the applicable statute of limitations.”); Peterson v. Browning, 832 P.2d 1280, 1284 (Utah 1992) (“Of those courts recognizing the public policy exception to the at-will doctrine, the overwhelming majority adopt the tort theory.”); Amos v. Oakda

2015Contractors, Inc., 551 N.E.2d 981 (Ohio 1990)) (recognizing a cause of action in tort for wrongful discharge in violation of public policy); Martin Marietta Corp. v. Lorenz, 823 P.2d 100, 102 (Colo.1992) (”[W]e hold that Lorenz’s cause of action [for wrongful discharge] accrued on the date of his actual discharge and that his tort claim was filed within the applicable statute of limitations.”); Peterson v. Browning, 832 P.2d 1280, 1284 (Utah 1992) (“Of those courts recognizing the public policy exception to the at-will doctrine, the overwhelming majority adopt the tort theory.”); Amos v. Oakda

2015Contractors, Inc., 551 N.E.2d 981 (Ohio 1990)) (recognizing a cause of action in tort for wrongful discharge in violation of public policy); Martin Marietta Corp. v. Lorenz, 823 P.2d 100, 102 (Colo.1992) (”[W]e hold that Lorenz’s cause of action [for wrongful discharge] accrued on the date of his actual discharge and that his tort claim was filed within the applicable statute of limitations.”); Peterson v. Browning, 832 P.2d 1280, 1284 (Utah 1992) (“Of those courts recognizing the public policy exception to the at-will doctrine, the overwhelming majority adopt the tort theory.”); Amos v. Oakda

2015Contractors, Inc., 551 N.E.2d 981 (Ohio 1990)) (recognizing a cause of action in tort for wrongful discharge in violation of public policy); Martin Marietta Corp. v. Lorenz, 823 P.2d 100, 102 (Colo.1992) (”[W]e hold that Lorenz’s cause of action [for wrongful discharge] accrued on the date of his actual discharge and that his tort claim was filed within the applicable statute of limitations.”); Peterson v. Browning, 832 P.2d 1280, 1284 (Utah 1992) (“Of those courts recognizing the public policy exception to the at-will doctrine, the overwhelming majority adopt the tort theory.”); Amos v. Oakda

2015Contractors, Inc., 551 N.E.2d 981 (Ohio 1990)) (recognizing a cause of action in tort for wrongful discharge in violation of public policy); Martin Marietta Corp. v. Lorenz, 823 P.2d 100, 102 (Colo.1992) (”[W]e hold that Lorenz’s cause of action [for wrongful discharge] accrued on the date of his actual discharge and that his tort claim was filed within the applicable statute of limitations.”); Peterson v. Browning, 832 P.2d 1280, 1284 (Utah 1992) (“Of those courts recognizing the public policy exception to the at-will doctrine, the overwhelming majority adopt the tort theory.”); Amos v. Oakda

2015Standard Corp., 291 Md. 31 , 432 A.2d 464, 468 (1981) ("A majority of the courts expressly recognizing a cause of action for wrongful discharge have treated the employees’ claims as tort actions.”); Pierce v. Ortho Pharm.

2015Standard Corp., 291 Md. 31 , 432 A.2d 464, 468 (1981) ("A majority of the courts expressly recognizing a cause of action for wrongful discharge have treated the employees’ claims as tort actions.”); Pierce v. Ortho Pharm.

2005McCrory v. Wal Mart Stores, Inc., 755 So.2d 1141, 1143 (¶ 8) (Miss.Ct.App.1999). ¶ 11.