Mississippi Wrongful Termination Laws

Mississippi relies heavily on federal laws governing wrongful termination and discrimination in the workplace, although they have enacted some state statutes supplementing the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964.  As an “at will” state, they allow great freedom for both employers and employees to terminate a work relationship for any reason except those specifically protected under federal and state laws.  However, when an employee believes they have reason to file a complaint for either of these abuses, state EEOC offices, human rights agencies, and civil courts all provide options for remedies and, if appropriate, compensation.

Mississippi’s Specific Labor Laws

The state laws enacted to supplement federal anti-discrimination in the workplace and wrongful termination are few, but detailed, as can be seen in the list below:

*These laws change often, so consult local statutes for the most up-to-date information.

Mississippi Discrimination Laws

Federal laws are very comprehensive in protecting Mississippi citizens from discrimination based on race, color, religion, sex, or national origin, and state statutes supplement those laws as needed by workers according to these standards:

• There is a preemption for all claims by state service employees to be pursued through state agencies only
• Mississippi does not allow discrimination claims for state service employees to be pursued through private lawsuits
• State service employees do not have the right to recover attorney’s fees in a winning claim
• There is no statute of limitations specified for claims by state service employees for discrimination or wrongful termination

Filing a Claim for Wrongful Termination

Since private employees are not preempted in pursuing their employment rights under federal or Mississippi state laws, they have the option of obtaining help through EEOC or human rights agencies, or retaining an employee rights attorney to help them file a private suit.  Many discrimination or wrongful termination cases can be complex, and may not justify a claim or lawsuit.  A full investigation determines the validity of the case and, if it is found to be justified, begin by attempting mediation or conciliation.  If those processes fail, a lawsuit may be justified. 

Legal Remedies for Wrongful Termination

Whether a claim or lawsuit is the end result, agencies and employee rights attorneys may seek a number of remedies, depending on the violation, state laws, and the seriousness of the abuse:

• Lost wages
• Reinstatement of benefits and position
• Attorney’s fees and court costs
• Compensation for stress and suffering
• Punitive damages
• Injunctive relief in the workplace

Mississippi laws also require additional penalties for employer violations in some specific areas:

Jury duty – employers found guilty of interfering with the administration of justice can face fines of up to $500 and/or 1 month in county jail up to 2 years in the state penitentiary; contempt of court with fines of up to $1,000 and/or 6 months in prison

Whistleblower – each member of governing board, authority, or executive leadership may be fined up to $10,000 per violation

Employees have a number of options open to them if they believe their rights have been violated in the workplace.  The state EEOC and human rights agencies provide assistance for workplace abuse, and an employee rights attorney can advise any employee about the most effective means to protect their rights and pursue remedies for abuses in the workplace.

Local Resources

EEOC Regional Offices

Jackson Area Office

Dr. A. H. McCoy Federal Building
100 West Capitol Street, Suite 207
Jackson, MS 39269
601-965-4537 or 800-669-4000
TTY: 601-965-4915 or 800-669-6820
FAX: 601-948-8401

Department of Employment Security

Jackson, MS
601-321-6000
www.mdes.ms.gov