Morrison v. MSET

798 So. 2d 567, 2001 WL 482340
CourtCourt of Appeals of Mississippi
DecidedMay 8, 2001
Docket2000-CA-00522-COA
StatusPublished
Cited by33 cases

This text of 798 So. 2d 567 (Morrison v. MSET) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morrison v. MSET, 798 So. 2d 567, 2001 WL 482340 (Mich. Ct. App. 2001).

Opinion

798 So.2d 567 (2001)

Dan MORRISON, Appellant,
v.
MISSISSIPPI ENTERPRISE FOR TECHNOLOGY, Inc., University of Southern Mississippi, The State Board of Higher Education, State of Mississippi and Jim Meredith, Appellees.

No. 2000-CA-00522-COA.

Court of Appeals of Mississippi.

May 8, 2001.
Rehearing Denied July 31, 2001.
Certiorari Denied October 11, 2001.

*569 Woodrow W. Pringle III, Gulfport, Attorney for Appellant.

*570 Office of the Attorney General by Joy W. Beedle; Lee Partee Gore, Jackson, Attorneys for Appellees.

BEFORE SOUTHWICK, P.J., BRIDGES, and LEE, JJ.

SOUTHWICK, P.J., for the Court:

¶ 1. Summary judgment was granted to the defendants on a suit alleging wrongful termination, tortious interference with contract and other claims. The plaintiff argues on appeal that the defendants denied him procedural guarantees that arose from his employment, and that he presented sufficient evidence on his claims to create a dispute of material fact. We find no merit in the arguments and affirm.

FACTS

¶ 2. Mississippi Enterprise for Technology, Inc. (MsET) is a nonprofit corporation organized under state law in January 1994. All MsET employees are provided by the University of Southern Mississippi (USM) pursuant to a personnel services agreement entered into between MsET and USM on July 1, 1994. According to that agreement, all personnel remain employees of USM.

¶ 3. MsET announced that the corporation was seeking applicants for the position of executive director. The plaintiff, Dan Morrison, was ultimately offered the position by letter dated May 3, 1994. The letter, which was signed by Jim Meredith as MsET's board chairman, stated that Morrison would be an employee of USM and that there was sufficient funding for two years of initial employment. Morrison accepted the offer and assumed his duties as MsET executive director on July 1, 1994. No other document exists that might be a contract of employment. Morrison held the position with MsET from July 1, 1994 until he was suspended beginning on August 12, 1997. He received merit based salary increases from USM based on recommendations from MsET's board.

¶ 4. On August 11, 1997, a hearing was held by USM on a claim by a female employee that Morrison had engaged in sexual harassment. The claim later was found not to be based on sufficient evidence. At the hearing the employee alleged that MsET funds had been paid by Morrison to his first cousin for consulting work. After the hearing, Morrison arranged to meet with MsET board chairman Jim Meredith. Morrison attempted to explain to Meredith the payments that had been made to his cousin. Meredith, acting as chairman of MsET board of directors, discussed the matter with some other members of the board in a telephone conference. The result was to suspend Morrison with pay pending an investigation. Since USM was Morrison's actual employer, the suspension was affirmed by USM in an August 13, 1997 letter to Morrison from Karen Yarbrough, the university's then-acting vice president for research and planning.

¶ 5. Following an investigation, including an independent audit, the MsET board of directors met on September 16, 1997 and cast a vote of "no confidence" with respect to Morrison's continued employment as its executive director. Based on this vote, Morrison's employment was terminated by USM in a letter dated September 26, with termination to be effective on October 31, 1997.

¶ 6. In July 1998, Morrison filed suit in the circuit court of Hancock County against MsET, USM, the State Board of Higher Education and the State of Mississippi. Morrison later amended his complaint to add Jim Meredith as a defendant and to include a claim that Meredith tortiously interfered with his employment *571 contract. All defendants filed motions for summary judgment. Following a hearing on the motions, the trial court entered its memorandum opinion and judgment, dated February 14, 2000, granting summary judgment to all defendants.

DISCUSSION

I. Due process

¶ 7. When granting judgment, the lower court found that "Morrison had no protected property interest in continued employment, therefore his due process claims must ... fail." On appeal, Morrison argues that his claim of due process was not dependent upon the existence of an employment contract, but rather the claim is supported on two separate bases. One is the general grievance procedure outlined in the USM employee handbook and the other is the procedure provided in USM's ethics in research, scholarly, and creative activities policy. Morrison claims that as an employee of USM, he was entitled to these procedures. The failure of the university to follow them deprived him of due process.

A. Grievance Policy

¶ 8. We will first discuss the grievance procedure as outlined in USM's employee manual. An employee should first seek informal resolution of a dispute by giving written notice of a grievance to the first level supervisor within ten days of the incident. The supervisor then has five days to respond. If the supervisor's answer is unsatisfactory, then the employee has one week to forward the grievance to the director or academic dean, who will provide a written answer within one week. If that answer is unsatisfactory, then the employee has ten days to forward the complaint to the appropriate vice president. The vice president will evaluate the facts, meet with the employee, and render a decision within five days of the meeting. If still unsatisfied, the employee then has two weeks to file a written request with the equal employment opportunity/affirmative action officer. The university grievance committee will conduct a hearing. Its decision will be forwarded to the president, who will render the final decision within five days of the hearing.

¶ 9. On November 7, 1997, which was within ten days after the October 31 end of his employment, Morrison attempted to invoke the grievance procedure by writing a USM vice president. The university did not then follow the process that we have just summarized. Our question becomes whether any of this creates rights on which Morrison may successfully bring suit.

¶ 10. An announced procedure can create employee rights even in the absence of a contract:

When an employer publishes and disseminates to its employees a manual setting forth the proceedings which will be followed in the event of an employee's infraction of the rules, and there is nothing in the employment contract to the contrary, then the employer will be required to follow its own manual in disciplining or discharging employees for infractions or misconduct specifically covered by the manual.

Bobbitt v. The Orchard Ltd., 603 So.2d 356, 357 (Miss.1992). The employment manual in Bobbitt was later described as "a detailed hierarchical scheme of potential offenses an employee might commit together with a concrete discipline plan for dealing with such offenses." McCrory v. Wal-Mart Stores, Inc., 755 So.2d 1141, 1143 (Miss.Ct.App.1999).

¶ 11. The defendants argue that the handbook containing the grievance policy and many other explanations of employment *572 at USM, also contains a disclaimer that maintains the applicability of the "at-will" doctrine. The Supreme Court has stated that if the document setting out special procedures still makes clear that the employee-at-will status remains in effect, then an employee may be terminated without following the procedures.

In Perry v. Sears, Roebuck & Co.,

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