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64 Miss. L.J. 257 (1994-1995)
Employment Law - Exceptions to the At-Will Doctrine - The Adoption of the Public Policy Exception in Two Specific Situations Could Signal the Adoption of Addititonal Exceptions to the Doctrine

handle is hein.journals/mislj64 and id is 271 raw text is: EMPLOYMENT LAW-EXCEPTIONS TO THE AT-WILL DOCTRINE-THE ADOPTION OF THE PUBLIC POLICY EXCEPTION IN Two SPECIFIC SITUATIONS COULD SIGNAL THE ADOPTION OF ADDITIONAL EXCEPTIONS TO THE DOCTRINE On October 17, 1988, James McArn signed an employ- ment contract with Allied Bruce-Terminix Company to work at the company's facility in Columbus, Mississippi.1 In March 1989, David Howell became the branch manager of the facility where McArn worked.2 In May 1989, Howell fired McArn the day after McArn called John Headley, the company quality control man, to complain about working conditions.3 The parties differed as to why Howell discharged McArn.4 McArn claimed that Howell discharged him because he report- ed illegal acts of the company.5 The illegal acts consisted of the falsification of reports to the State Agricultural Depart- ment and lying to customers about their termite treatment.6 McArn v. Allied Bruce-Terminix Co., 626 So. 2d 603, 604 (Miss. 1993). The contract terms allowed either party to terminate employment at any time, with or without cause. McArn, 626 So. 2d at 604. 2 McArn, 626 So. 2d at 604. As instructed by the company, McArn took Howell around the facility when Howell began work at the facility. Id. ' Id. at 605. McArn claimed that Howell fired him not only for complaining about working conditions but also for reporting the company for lying to custom- ers about their termite treatment. Id. Contrary to McArn's statements, Howell contended that he only wanted to discuss the call to Headley with McArn and had no intention of firing McArn until McArn called him a no good son of a bitch. Id. At trial Headley stated that he remembered McArn's complaint that employees were overworked and in a deposition he recalled McArn's complaint that the company lied to customers. Id. Id. at 604-05. Id. at 606. McArn claimed that he was not fired for the reasons contended by Howell. Id. at 604-05. He asserted that Howell wrote only one disciplinary action report for a bad attitude, which happened to be five days before his ter- mination, and reprimanded him once for tardiness. Id. at 605. ' Id. On some assignments, such as the treatment of the New Home Building 257

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