Wrongful Termination in Mississippi
What Is Wrongful Termination?
An employer does have discretion over the hiring and firing of employees. Nonetheless, there are certain circumstances where a worker can file for wrongful termination in Mississippi.
Termination becomes wrongful when it violates Mississippi law, federal law, or an employment agreement.
The Mississippi Department of Employment Security receives questions from people who have lost their jobs. Many workers want to know what they can do to take action, but most employer issues get resolved at the federal level. Additionally, proving discrimination can be difficult in a state that allows employers to fire you for almost any reason.
Types Of Wrongful Termination
In Mississippi, there are many different instances where wrongful termination can take place. For example, some local employers do not know the labor laws well enough to avoid violations. This is why big corporations hire human resources experts to avoid problems.
Limitations of At-Will Employment
Because one of the most common forms of employment is at-will, there are limitations to this. At-will employment doesn’t allow an employer to fire a person for any discriminatory reason. Mississippi state, federal, or local laws prohibit these reasons.
According to the Mississippi State Bar, the state’s laws allow terminations or resignations at any time. In effect, this means that you can quit without notice, and your employer can exercise the same right.
An employer also can’t fire an employee as a form of retaliation for reporting any illegal activities within the company. Were you fired for any of these reasons? If so, you may be able to file a wrongful termination lawsuit against your employer.
Discrimination
Discrimination is one of the most common forms of wrongful termination in Mississippi. When an employee is fired because of their race, religion, sex, national origin, ethnicity, pregnancy, age, or disability, it violates established laws meant to protect specific personal characteristics. There are also some states that prohibit employers from discriminating based on the gender identity or the sexual orientation of their employees.
Suppose you believe you have been penalized or fired in Mississippi for one of these discriminatory reasons listed above. In that case, you may be able to file a claim with the United States Equal Employment Opportunity Commission. An experienced Mississippi attorney can walk you through the process to help ensure the best possible outcome.
Retaliation
Your employer can’t fire you for certain protected activities. For example, your employer can’t fire you for taking medical leave, or for participating in an investigation of job violations and wage violations. Additionally, filing a complaint with the EEOC, or informing your employer about discrimination or harassment, are not fireable offenses.
The Mississippi Bar informs workers that they have some protection under whistleblower laws. In fact, becoming someone who testifies to misconduct is one of the few exceptions for liability in at-will employment states.
There are some states that also prevent employee termination for taking time off to vote, perform jury duties, or serve in the military. You also have some protection if your employer has fired you for reporting a violation of safety laws or environmental regulations.
What To Do If You’ve Been Wrongfully Terminated in Mississippi
Have you been wrongfully terminated? You may be entitled to compensatory damages, reinstatement, back pay, and other forms of relief. However, the exact definition of wrongful termination will depend on where you live. To find out, contact a dedicated and qualified wrongful termination lawyer. Discuss your circumstances and the Mississippi laws that your employer has to follow in your area.
Remember that there are usually time constraints on how long you can wait to file your claim, so don’t delay. This could cause evidence to slip through your fingers or you may miss the deadline altogether. You want a favorable outcome and so will your lawyer, so try to approach your case as proactively as possible, even before you are certain you have one.
If you’re going to file a charge against an employer in Mississippi, you have a tight deadline to meet. The EEOC has a time limit of 180 days for most claims. You may have up to 300 days, but that depends on the details of your case.
Step One: Gather Evidence
It’s important to start gathering all the evidence you can, no matter how small. Ideally, you had reason to suspect that your employer might terminate you wrongfully and started the process some time before. If you need to return to the office to clear out your desk or still have access to the work email, use the opportunity wisely. However, be mindful of any employment agreements or confidentiality issues.
Step Two: Find an Attorney
Hiring an experienced Mississippi wrongful termination lawyer will help you take the first steps so that you make a strong case to get the outcome you seek. Mississippi employment laws are intricate and are constantly changing. Therefore, you should always work with an attorney who focuses on this specific area.
Step Three: File a Complaint
If you have not yet had your case reviewed by an attorney, the EEOC built a self-evaluation tool to help you decide if filing a claim with them is an appropriate way to handle your case. An attorney simplifies this part of the process by helping you to write the complaint. You serve your employer notice. Then, the resolution process starts there. Note that not all cases make it to a courtroom as some employers prefer to settle.
If you would like to find help with a complaint in Mississippi, you can communicate with the EEOC Jackson Area Office. Due to the COVID-19 pandemic, most people who contact them for advice will speak to a representative over the phone. To schedule an appointment, they recommend using the EEOC Public Portal to set up a time.
Stand Up to Wrongful Termination in Mississippi
Filing a wrongful termination lawsuit in Mississippi can be overwhelming, especially if you’ve been treated unfairly by your employer. Speaking to an experienced lawyer can help you to understand what legal rights you have as a victim and if your case is applicable for wrongful termination. For some people, the opportunity to finally be heard also helps to ease the burden they’ve been carrying.
We understand that finding the right attorney can be hard. This is why we created our service to connect clients in need with experienced Mississippi attorneys. To match with the right lawyer, you simply provide your location, category, and some other additional information. We then send you your options as soon as they are available.
Our company charges no fees to connect you with the legal services you need. Some Mississippi attorneys or practice areas may require legal fees upfront, but there are many that do not. Some professionals may not charge a single penny at all until they win your case.
Are you ready to find a qualified Mississippi attorney who can help you fight for your job or get justice for the wrongful termination you suffered? We can even help you connect with an attorney across Mississippi state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
Still looking for answers? There are other sections of Mississippi law where we can provide essential information.