While there are a plethora of protections available to a whistleblower under Mississippi and federal law, employees often have justifiable concerns about retribution by their employer. Mississippi employment law is based on the premise that employees are hired on an at-will basis absent a written employment contract. Generally, the at-will doctrine permits an employer to terminate an employee for a good reason, bad reason, or no reason at all subject to certain exceptions.
Whistleblowers that report illegal activity by their employer might qualify under the public policy exception to the “at-will employment doctrine.” However, employees concerned about reprisals by their employer should seek legal advice and representation before “blowing the whistle.” Although there are protections for employees who disclose illegal conduct, financial fraud, and other forms of misappropriation of public funds, the public policy or statutory authority for the claim will impact the requirements and criteria for seeking protection from an employer after reporting misconduct. A decision from the Supreme Court of Mississippi, Galle v. Isle of Capri Casinos, Inc., 180 So.3d 619 (Miss. 2015) demonstrates the peril of whistleblower’s moving forward without the benefit of legal advice.
The former employee of a casino was discharged after reporting the employer’s illegal conduct. The employee filed a wrongful termination lawsuit based on the public policy exception to the employment-at-will doctrine. The employee, who worked in the poker room, was promoted to “poker room manager.” The promotion required the employee obtain a special license from the gaming commission. The commission denied the employee’s application because of a prior conviction for burglary that was inadvertently omitted from the application. After the application was denied, the casino demoted the employee to a supervisor in the poker room.
While the employee’s prior badge indicated he was a supervisor, he received a badge with the title “poker room manager” after new badges were issued. When Gaming Commission agents inquired of the employee, he first indicated the casino did not have a poker room manager but subsequently admitted he was functioning in that capacity. The casino received a letter from the Gaming Commission directing that the employee be removed from any position requiring a Key License. After receipt of the letter, the employer fired the employee.
The employee filed a wrongful-discharge lawsuit based on the public policy exception to the at-will doctrine. He alleged that he was fired for reporting his illegal employment as poker room manager. While Mississippi’s highest court did acknowledge the McArn exception to the at-will doctrine for “wrongful discharge in violation of public policy … based on an employer’s duty not to thwart the public interest in terminating employees for speaking the truth.” While reporting the illegal scheme of the casino to keep an employee in a position without proper licensing might otherwise have provided a basis for a wrongful termination claim, the court emphasized the employee’s participation in the illegal conduct. Because the employee did not report the illegal scheme prior to discovery by the Gaming Commission, the employee could not make a wrongful discharge claim based on public policy.
Prospective whistleblowers need to recognize the importance of legal advice to maximize recovery and minimize the risk of reprisals when disclosing illegal conduct by an employer. An experienced qui tam lawyer can guide employees through the process of blowing the whistle. If you have evidence of illegal activity or fraud by your employer, you are invited to contact the experienced Qui Tam Attorneys at Barrett Law to learn how we can help. Our Mississippi Whistleblower Lawyers have been representing conscientious employees throughout Mississippi for over 75 years. We offer personalized legal representation and zealous advocacy. We provide a free initial case evaluation so call us today at (601) 790-1505. No Recovery No Fee!
