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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 />

154

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