In a case arising out of Mississippi, the United States Court of Appeals for the Fifth Circuit ruled recently that terminating an employee for possessing a firearm in a legally permissible manner violates the "public policy" exception to employee at will. In Swindol v. Aurora Flight Sciences Corporation, (2016 BL 255951, Case No. 14-60779 5th Cir. August 8, 2016), the federal court had previously asked the Mississippi Supreme Court to answer a certified question about the effect of Mississippi Code Section 45-9-55 on the traditional employment-at-will rule in that state. The Mississippi Supreme Court ruled that the Mississippi statute, which makes terminating an employee for having a firearm inside his locked vehicle on company property "legally impermissible," falls within the “public policy” exception to the employment-at-will rule.
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