James v. Community Eldercare Services, LLC, 1:16-cv-00038

Background

Tarjilyn James, an African-American LPN and Medical Records Nurse at Plaza Community Living Center, was suspended in Sept. 2015 after reporting coworkers for alleged misconduct and later terminated in Oct. 2015 after filing a grievance alleging retaliation.
James reported (1) that Assistant Director of Nursing Kelly Adamson backdated records and forged a doctor’s signature, and (2) that LPN Rachel Gibson verbally abused a resident and mishandled medication; investigations produced conflicting findings and Adamson was not disciplined.
Plaza issued James a final written warning for allegedly conducting her own investigations and failing to follow the chain of command; Plaza contends James lacked authority to discipline peers under the updated chain of command.
James filed an EEOC charge, received a right-to-sue, and sued under Title VII (race discrimination), McArn wrongful-termination (public-policy) claim for reporting illegal acts, and several state tort claims (negligence, emotional distress, outrage, negligent supervision/retention).
Plaza moved for summary judgment on all claims; the court denied summary judgment because genuine disputes of material fact exist—particularly causation/pretext—making credibility determinations necessary and the case appropriate for trial.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
McArn wrongful-termination (public-policy) — whether firing was retaliation for reporting criminally-punishable acts	James says she was fired for reporting Adamson’s forgery/backdating and Gibson’s abuse, which are illegal and protected under McArn	Plaza contends James was fired for conducting investigations and not following chain of command, not for reporting illegal acts	Denied summary judgment — genuine disputes of fact on causation preclude resolution on summary judgment
Title VII race discrimination — whether termination was racially motivated	James contends white employees received favorable treatment and termination was pretextual/ motivated by race	Plaza proffers legitimate, non-discriminatory reason: termination for investigation/chain-of-command violations	Denied summary judgment — issues of pretext and credibility require jury resolution
Causation / pretext — whether employer’s reason was pretextual or a cover for retaliation/discrimination	James argues temporal proximity, adverse treatment of white employees, and retaliatory conduct by Adamson support inference of pretext/causation	Plaza points to documented suspension, written warning, and asserted non-discriminatory policy violations as legitimate reasons	Denied summary judgment — factual disputes and credibility determinations preclude summary disposition
State tort claims (gross negligence, emotional distress, outrage, negligent supervision) — whether summary judgment appropriate	James asserts state torts arising from discharge and workplace conduct	Plaza argues claims fail as matter of law or on the record	Court declines to resolve at summary judgment; orders fuller trial briefs and inclusion in pretrial materials

Key Cases Cited

McArn v. Allied Bruce–Terminix Co., 626 So. 2d 603 (Miss. 1993) (adopts narrow public-policy exception for employees discharged for reporting illegal acts)
Swindol v. Aurora Flight Sci. Corp., 194 So. 3d 847 (Miss. 2016) (discusses McArn public-policy exception)
Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standard and movant’s initial burden)
Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (employer’s burden of production and role of credibility in discrimination cases)
McDonnell Douglas Corp. v. Green, 411 U.S. 792 (framework for disparate-treatment claims and burden shifting)
St. Mary’s Honor Ctr. v. Hicks, 509 U.S. 502 (employer’s burden and role of plaintiff in proving pretext)
Tex. Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248 (employer’s production burden under McDonnell Douglas)
Little v. Liquid Air Corp., 37 F.3d 1069 (5th Cir.) (resolving factual disputes in favor of non-movant on summary judgment)