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Steven Edward Galle v. Isle of Capri Casinos, Inc.
180 So. 3d 619
| Miss. | 2015
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Background

  • 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)
Read the full case

Case Details

Case Name: Steven Edward Galle v. Isle of Capri Casinos, Inc.
Court Name: Mississippi Supreme Court
Date Published: Jul 2, 2015
Citation: 180 So. 3d 619
Docket Number: 2013-CT-00024-SCT
Court Abbreviation: Miss.