Contenna Walker v. DaVita Health Care Partners, Inc.
229 So. 3d 195
| Miss. Ct. App. | 2017Background
- Walker, an at-will RN employed by DaVita since 2009, alleges her supervisor Thompkins asked her to deny/refute allegations that Thompkins had improperly disseminated coworkers’ personal information.
- Walker says she refused, was thereafter harassed and criticized, and was terminated in October 2012.
- Walker sued (filed Jan. 2015), alleging negligent/intentional infliction of emotional distress and later amended to add wrongful termination; emotional-distress claims were abandoned or untimely.
- Venue was transferred to Madison County; DaVita moved to dismiss under Miss. R. Civ. P. 12(b)(6).
- The circuit court granted dismissal, holding Walker’s wrongful-termination claim failed as a matter of law; Walker appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Walker’s complaint states a claim under McArn public-policy exception to at-will employment for refusing to participate in an illegal act | Walker: refusal to refute allegations of Thompkins’s improper dissemination is refusing to participate in fraud/illegal act, so McArn protects her from at-will discharge | DaVita: Walker failed to plead actionable illegality; alleged conduct does not implicate criminal penalties required by McArn | Court: McArn does not apply because complaint fails to allege acts warranting criminal penalties rather than mere civil wrongs; dismissal affirmed |
| Whether Walker’s pleadings satisfy Rule 8 / survive a 12(b)(6) motion | Walker: pleadings should be taken as true and are sufficient to state a McArn claim | DaVita: complaint lacks sufficient factual specificity to show entitlement to relief under Rule 8 | Court: pleadings insufficient to state a legally cognizable McArn claim; 12(b)(6) dismissal proper |
Key Cases Cited
- McArn v. Allied Bruce-Terminix Co., 626 So. 2d 603 (Miss. 1993) (recognizes narrow public-policy exceptions to at-will employment for refusing to participate in illegal acts or reporting illegal acts)
- Fortenberry v. City of Hattiesburg, 758 So. 2d 1023 (Miss. Ct. App. 2000) (standard for Rule 12(b)(6) motion)
- Galle v. Isle of Capri Casinos, Inc., 180 So. 3d 619 (Miss. 2015) (restates at-will employment default absent legally impermissible reasons for discharge)
- Hammons v. Fleetwood Homes of Miss., Inc., 907 So. 2d 357 (Miss. Ct. App. 2004) (McArn exception requires acts that would warrant criminal penalties, not mere civil liability)
- Williams v. Mueller Copper Tube Co., 149 So. 3d 527 (Miss. Ct. App.) (pleading must be judged on face of pleadings for 12(b)(6))