Mississippi Termination (with Discharge): What you need to know
Mississippi is an "employment at-will" state. This means that either the employer or the employee may end the employment relationship at any time, for any reason, or for no reason. However, there are some limited exceptions to the "at-will" rule. In addition, a collective bargaining agreement or individual employment contract may place further limitations on an otherwise at-will employment relationship.
Although Mississippi courts generally adhere to the presumption of at-will employment, there are a number of statutory exceptions to the rule.
Jury duty. Employers may not discharge employees because of jury service if the employees provide reasonable notice to the employers (MS Code Sec. 13-5-35).
Military membership/reemployment. State law provides that it is illegal for employers to discharge employees who are either members of the armed forces reserves or former members of the U.S. armed forces because of their military service. (MS Code Sec. 33-1-15). Furthermore, current and former members of the reserves or the U.S. armed forces who took leaves of absence from their employment to perform their duties or to receive training with the U.S. armed forces must be reemployed in their previous or similar positions with the same status, pay, and seniority. People seeking reemployment must still be able to perform such jobs (MS Code Sec. 33-1-19).
Mississippi Employment Protection Act (MEPA). Under the MEPA, employers may not discharge employees who are U.S. citizens or permanent resident aliens while retaining an employee they know or reasonably should know is an unauthorized alien when the unauthorized alien:
• Was hired after July 1, 2008; and
• Works in the same job category requiring equal ...
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Mississippi Termination (with Discharge) Resources
Termination (with Discharge) Products
The Termination Process Webinar Recording
BLR Webinar: "The Termination Process: Exit Interviews, Termination Pay, and Post-Termination Steps to Keep You Out of Court""
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