in Mississippi
m2078-county-gov-ms
m2078-county-gov-ms
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someth<strong>in</strong>g illegal. So far, the public policy exception has been limited <strong>in</strong> its application;<br />
however, the Supreme Court might choose to expand upon it <strong>in</strong> the future. In general, it is illegal<br />
to fire someone for do<strong>in</strong>g someth<strong>in</strong>g that person has a legal right to do (like file an EEOC<br />
compla<strong>in</strong>t, or support a certa<strong>in</strong> political party).<br />
In addition to the protections offered by the employment-at-will doctr<strong>in</strong>e, supervisors are also<br />
shielded from liability by state-official immunity, which allows a supervisor to be held liable<br />
only when he acts substantially outside of his authority, or when he commits an <strong>in</strong>tentional tort<br />
(such as assault and battery, slander, or <strong>in</strong>tentional <strong>in</strong>fliction of emotional distress). 12 Generally,<br />
county employment decisions will fall with<strong>in</strong> the scope of a supervisor's authority and will not<br />
amount to <strong>in</strong>tentional torts.<br />
Workers' Compensation<br />
County employees are covered by Worker's Compensation if they are <strong>in</strong>jured on the job. It is<br />
important for all counties to have <strong>in</strong> place adequate safety procedures and tra<strong>in</strong><strong>in</strong>g to m<strong>in</strong>imize<br />
the risk of on-the-job <strong>in</strong>juries. Should an employee be <strong>in</strong>jured at work, the county's Worker's<br />
Compensation <strong>in</strong>surance will compensate the eligible employee for his <strong>in</strong>jury.<br />
Unemployment Compensation<br />
The <strong>Mississippi</strong> Employment Security Commission (MESC) is the state's "unemployment<br />
office." When an employee is term<strong>in</strong>ated from his employment, he can apply for unemployment<br />
benefits with the MESC. However, no employee may receive benefits if, among other reasons,<br />
he voluntarily left the county's employ or was term<strong>in</strong>ated for misconduct. 13 Misconduct is<br />
def<strong>in</strong>ed by the MESC as:<br />
Conduct ev<strong>in</strong>c<strong>in</strong>g such willful and wanton disregard of the<br />
employer's <strong>in</strong>terest as is found <strong>in</strong> deliberate violations or disregard<br />
of standards of behavior which the employer has the right to expect<br />
from his employee. Also, carelessness and negligence of such<br />
degree, or recurrence thereof, as to manifest culpability, wrongful<br />
<strong>in</strong>tent or evil design, and show<strong>in</strong>g an <strong>in</strong>tentional or substantial<br />
disregard of the employer's <strong>in</strong>terest or of the employee's duties and<br />
obligations to his employer, came with<strong>in</strong> the term. Mere<br />
<strong>in</strong>efficiency, unsatisfactory conduct, failure <strong>in</strong> good performance<br />
as the result of <strong>in</strong>ability or <strong>in</strong>capacity, or <strong>in</strong>advertences and<br />
ord<strong>in</strong>ary negligence <strong>in</strong> isolated <strong>in</strong>cidents, and good faith errors <strong>in</strong><br />
judgment or discretion were not considered "misconduct" with<strong>in</strong><br />
the mean<strong>in</strong>g of the Statute. 14<br />
Garnishments and Child Support<br />
Another obligation imposed upon employers by state law is the execution of writs of<br />
garnishment. Follow<strong>in</strong>g proper service upon the chancery clerk, the sheriff, or <strong>in</strong> the case of<br />
county school employees, upon the school super<strong>in</strong>tendent, of a writ of garnishment, 15 the county<br />
must withhold from an employee's wages "the nonexempt percentage of disposable earn<strong>in</strong>gs" for<br />
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