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Employment At-Will: Mississippi

Employment At-Will requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Martin J. Regimbal, The Kullman Firm

Summary

  • Mississippi courts adhere to the employment at-will doctrine, though recent decisions in the state courts suggest that the courts are evolving toward a more equitable analysis of employment relationships. See Employment At-Will Doctrine, Generally.
  • Certain long-tenured employees with good performance records may be able to argue for the existence of an employment contract which requires just cause for termination. See Employment Contracts.
  • Mississippi courts will consider the entire universe of relevant facts when analyzing a claim for an implied employment contract, including past verbal promises, the employer's typical practices and the written terms of an employee handbook or policy manual. See Employment Contracts.
  • Certain public employees may be eligible for First Amendment protection of their speech, shielding them from employer discipline or termination, but only in limited circumstances. See Protection for Public Employees.
  • Mississippi courts recognize two narrow public policy exceptions to the employment at-will doctrine, the second of which requires a substantial demonstration of proof by the employee. See Public Policy Exceptions.
  • The implied covenant of good faith and fair dealing does not apply to at-will employment relationships in Mississippi and may not apply to contractual employment relationships either. See Implied Covenant of Good Faith and Fair Dealing.
  • Mississippi courts recognize other employment-related torts including intentional infliction of emotional distress, promissory estoppel, defamation, tortious breach of contract and tortious interference with a contract. See Exceptions in Tort.