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Can I terminate employees without violating employment laws in Mississippi? What are the requirements?

To terminate employees in Mississippi, there are certain requirements that must be met to avoid violating employment laws.

Prerequisites to Dismissal or Action Adversely Affecting Compensation or Employment Status

According to MSCO 25-9-127, no employee of any department, agency, or institution who is subject to the rules and regulations prescribed by the state personnel system may be dismissed or otherwise adversely affected as to compensation or employment status except for inefficiency or other good cause, and after written notice and hearing within the department, agency, or institution as specified in the rules and regulations of the State Personnel Board complying with due process of law.

Exceptions

There are certain exceptions to the above requirement. The provision shall not apply to persons separated from any department, agency, or institution due to curtailment of funds or reduction in staff when such separation is in accordance with rules and regulations of the state personnel system. It also does not apply during the probationary period of state service of twelve (12) months, and to an executive officer of any state agency who serves at the will and pleasure of the Governor, board, commission, or other appointing authority.

Good Cause for Dismissal

The operation of a state-owned motor vehicle without a valid Mississippi driver’s license by an employee of any department, agency, or institution that is included under this chapter and that is subject to the rules and regulations of the state personnel system shall constitute good cause for dismissal of such person from employment.

It is important to note that violating the provisions of Section 25-9-173 can result in liability for the agency, including back pay and reinstatement for the affected employee, as well as civil fines for members of the agency’s governing board or executive director [2.1].

Upon the decision by a department executive director to eliminate a personnel position, the executive director shall notify the State Personnel Board and the affected employee of the intention to eliminate the position. No employee shall be required to vacate an eliminated position prior to sixty (60) days from the date notice is sent to that employee [4.1].

In summary, to terminate employees in Mississippi, it is necessary to follow the rules and regulations prescribed by the state personnel system, provide written notice and hearing, and have good cause for dismissal. It is also important to be aware of the exceptions to this requirement and the potential liability for violating the provisions of Section 25-9-173 [2.1].

Source(s):
Jurisdiction

Mississippi