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Covenant of good faith and fair dealing Mississippi

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  • Covenant of good faith and fair dealing Mississippi

    Does Mississippi have a covenant for good faith and fair dealing for at will employees?

  • #2
    Mississippi: Per a loose leaf binder I have with employment law info: (2014)

    Although the concept of at-will employment continues to come under attack here, a recent Mississippi Supreme Court decision reaffirmed it by a 6-3 margin. Is there a duty of good faith and fair dealing in at-will employment? The supreme court answered no.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      Another question re: unfair terminatiin

      Originally posted by Betty3 View Post
      Mississippi: Per a loose leaf binder I have with employment law info: (2014)

      Although the concept of at-will employment continues to come under attack here, a recent Mississippi Supreme Court decision reaffirmed it by a 6-3 margin. Is there a duty of good faith and fair dealing in at-will employment? The supreme court answered no.
      If I complained about unsafe working conditions( medical) as far as an absurd numberof PTs sceduled- 108 in one day, and was terminated by letter 10 days later, do I have a case for bad faith? My reviews have been outstanding- no disciplinary actions ever. I have worked as a nurse practitioner for four years there.

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      • #4
        who did you complain to and how? that might make a difference if that invokes some type of protection from retaliation. However, that generally has to be a pretty high level governing board that provides that protection. If it was to your boss or a coworker, that protection doesn't exist generally.

        and generally employers get to set the amount of duties for an employee, even if you personally feel it is unsafe unless there is a law or regulation that stops them from doing so. Hence the regulatory governing board that I mentioned above.

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        • #5
          Implied contract

          Originally posted by hr for me View Post
          who did you complain to and how? that might make a difference if that invokes some type of protection from retaliation. However, that generally has to be a pretty high level governing board that provides that protection. If it was to your boss or a coworker, that protection doesn't exist generally.

          and generally employers get to set the amount of duties for an employee, even if you personally feel it is unsafe unless there is a law or regulation that stops them from doing so. Hence the regulatory governing board that I mentioned above.
          Ok thanks. What about an implied contract due to the fact that I am working for the NHSC in an underserved area as they paid some of my student loan? There was no warning of termination- no conversation- no chance to fix any problem. My supervisor said " you can't quit" because of the huge fine if you don't fulfill your contact( minimum $150,000)

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          • #6
            Before we get into too many "what if"s, just be aware that Mississippi has arguably the weakest wage and hour laws and the fewest protections for employees of any state in the US.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              Originally posted by cbg View Post
              Before we get into too many "what if"s, just be aware that Mississippi has arguably the weakest wage and hour laws and the fewest protections for employees of any state in the US.
              That's what I am really scared of.

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              • #8
                There was no warning of termination- no conversation- no chance to fix any problem.

                FYI none of this is required in any state with the possible exception of Montana.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                • #9
                  anothr question

                  Originally posted by cbg View Post
                  There was no warning of termination- no conversation- no chance to fix any problem.

                  FYI none of this is required in any state with the possible exception of Montana.
                  I thought states that acknowledged the covenant of good faith and fair dealing required that the reason given was the truth and required civility in termination. Unfortunately, Mississippi does not acknowledge that covenant so it does not apply to me.

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                  • #10
                    Originally posted by Francesmary View Post
                    Ok thanks. What about an implied contract due to the fact that I am working for the NHSC in an underserved area as they paid some of my student loan? There was no warning of termination- no conversation- no chance to fix any problem. My supervisor said " you can't quit" because of the huge fine if you don't fulfill your contact( minimum $150,000)
                    If you actually have a signed contract of some kind, that prevails. Take it to an attorney and see if there is any remedy there.

                    Employers do not have to provide a reason for termination and are permitted to terminate for any reason so long as it does not violate an established law. Them paying your student loan does not change this. Signing a contract for employment might, depending upon the terms of that contract. For example, if you had a contract which stated you would be employed from this date to that date and only let go for reasons X, Y, and Z, and your employer terminated you during that period between this and that for reason Q, you would have breach of contract.

                    What was the reason given for your termination? What is the reason you suspect is the "real" reason and why do you believe the one given by your employer is false? Legally speaking employers do not have to give any reason and nothing prevents them from inventing a reason or giving a false reason. what they may not do is terminate you for a reason prohibited by law whether or not they use a cover up reason.
                    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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                    • #11
                      What is meant by a covenant of good faith and fair dealing varies with the state. However, even if we use your definition, that still does not require warning of potential termination or a chance to fix the problem. Google, at-will employment. Montana is the only state that does not operate under at-will employment and even Montana will follow that doctrine in some areas.
                      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                      • #12
                        http://en.wikipedia.org/wiki/At-will_employment

                        https://www.nolo.com/legal-encyclope...ion-30022.html
                        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                        Comment


                        • #13
                          Info

                          Originally posted by ElleMD View Post
                          If you actually have a signed contract of some kind, that prevails. Take it to an attorney and see if there is any remedy there.

                          Employers do not have to provide a reason for termination and are permitted to terminate for any reason so long as it does not violate an established law. Them paying your student loan does not change this. Signing a contract for employment might, depending upon the terms of that contract. For example, if you had a contract which stated you would be employed from this date to that date and only let go for reasons X, Y, and Z, and your employer terminated you during that period between this and that for reason Q, you would have breach of contract.

                          What was the reason given for your termination? What is the reason you suspect is the "real" reason and why do you believe the one given by your employer is false? Legally speaking employers do not have to give any reason and nothing prevents them from inventing a reason or giving a false reason. what they may not do is terminate you for a reason prohibited by law whether or not they use a cover up reason.
                          The reason given was scheduling. Absurd as site is extremely short staffed. The reason I believe is that I complained about seeing 65 plus patients a day. It is simply not safe. The contract that I signed was with the National Health Service Corps. The reason I went to work at the community mental health center was to fulfill the contract with the govt. the termination is malicious and retaliatory- of that I am 100 percent certain. The CMH site is an approved site through fulfilling certain obligations to the govt. I know I have been wronged but it doesn't appear that there is legal remedy. There was understanding that I would continue to work part time for two more years to fulfill my contract to the government and an awareness on the sites part that if I did not do that, I would be fined an enormous penalty. The larger problem is that I live in a very rural and remote area; I cannot move due to my husband's employment. I
                          I have received no disciplinary infractions whatsoever, my reviews have been exemplary and I was told numerous times that I was by far the most productive employee that they had. Sorry to be so long winded but I am shattered by this.

                          Comment


                          • #14
                            If you signed a contract, you really need to take it to an attorney to see if there is a remedy. A contract trumps the general rules of employment and provides its own remedies if violated. What you signed may or may not be an actual contract but only an attorney who has reviewed it can say for certain. If you are actually an employee of the government, same applies.

                            Contract aside, if you are like the vast majority of employees and not under contract, your employer and not you determines the workload. In underserved areas, that may mean the workload is heavier than anyone would like. Unless there is an actual law or regulation with strict limits, "reasonable" and "safe" are a matter of management discretion. If an employee makes clear that they are unhappy with the workload, the employer is free to legally relieve them of that duty and hire someone who can keep up. There is no obligation to write you up first as there is nothing to write you up for. You expressed that you were unhappy/uncomfortable with the operations and they decided not to keep an unhappy employee on staff.
                            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                            Comment


                            • #15
                              You may actually have a worse issue...the NHSC language may contain language that if you are fired by the site for cause ( a point not in your post and we don't know what was in your termination letter) that this triggers default and you owe it all back...... At least as posted I don't think you have an employment contract with the site employer as such...but the CMH site may have other contracts with funding agencies that may or may not address employment conditions.

                              I agree you need labor lawyer help...sure would be nice if you could find one with some experience with federally funded contracts.

                              And what what is your goal..to leverage your way back into this CMH site to finish your NHSC commitment or to finish it elsewhere? The fact that you consider yourself unable to relocate may not be a problem others can solve.

                              Comment

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