Steven Edward Galle v. Isle of Capri Casinos, Inc.
180 So. 3d 619
| Miss. | 2015Background
- Galle was an at-will employee in the Isle of Capri Biloxi poker room.
- In 2008 he was promoted to a Key Position but the Mississippi Gaming Commission denied his Key Employee License due to a 1994 burglary arrest omission.
- Isle of Capri demoted him to poker room supervisor and later issued badges misidentifying him as poker room manager.
- Gaming agents questioned the badge discrepancy; Isle of Capri subsequently told the Commission to remove Galle from any Key-License position.
- Galle was fired about a month after the directive to remove him from a Key License position for failing to execute a Gaming directive effectively.
- Galle sued, asserting constitutional rights violations, intentional infliction of emotional distress, and wrongful discharge under a public-policy exception to at-will employment (McArn).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether McArn wrongful-discharge claim bars Galle. | Galle discharged for reporting illegal activity, whistleblower protection. | Galle was a willing participant in the illegal scheme and did not report earlier. | McArn claim barred due to willing participation. |
| Whether at-will status permits discharge absent McArn protections. | Public policy exceptions apply to protect whistleblowers. | Absent McArn exceptions, employer may dismiss at-will employees for any reason. | Absent McArn, at-will discharge allowed; circuit court affirmed in part. |
Key Cases Cited
- McArn v. Allied Bruce-Terminix Co., Inc., 626 So.2d 603 (Miss. 1993) (public-policy exception to at-will employment for whistleblowers)
- Barrentine v. Community Care Ctr. of Aberdeen, 160 So.3d 216 (Miss. 2015) (narrow McArn-like public-policy exceptions applied)
- Harris v. Mississippi Valley State Univ., 873 So.2d 970 (Miss. 2004) (public-policy limitations on at-will discharge)
- Coors Brewing Co. v. Floyd, 978 P.2d 663 (Colo. 1999) (illustrative external public-policy reasoning on whistleblowing)
