Smith v. Magnolia Lady, Inc.

925 So. 2d 898, 2006 WL 771574
CourtCourt of Appeals of Mississippi
DecidedMarch 28, 2006
Docket2004-CA-02112-COA
StatusPublished
Cited by8 cases

This text of 925 So. 2d 898 (Smith v. Magnolia Lady, Inc.) 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
Smith v. Magnolia Lady, Inc., 925 So. 2d 898, 2006 WL 771574 (Mich. Ct. App. 2006).

Opinion

925 So.2d 898 (2006)

Michelle SMITH, Appellant
v.
MAGNOLIA LADY, INC. d/b/a Lady Luck Rhythm & Blues Casino-Hotel, Appellee.

No. 2004-CA-02112-COA.

Court of Appeals of Mississippi.

March 28, 2006.

*900 Carlos Eugene Moore, Grenada, A.E. (Rusty) Harlow, attorneys for appellant.

Charles E. Webster, Clarksdale, attorney for appellee.

Before LEE, P.J., IRVING and ISHEE, JJ.

IRVING, J., for the Court.

¶ 1. Michelle Smith sued her former employer, Magnolia Lady, Inc. (Magnolia Lady), alleging malicious prosecution, wrongful discharge, false imprisonment, defamation, and injurious falsehood. After discovery, Magnolia Lady filed a motion for summary judgment, which the trial court granted. The motion covered all of Smith's claims except injurious falsehood. The trial court denied a separate motion for summary judgment on the injurious falsehood claim, but later dismissed that *901 claim as well. Smith appeals, asserting that the trial court erred in granting summary judgment and in dismissing the injurious falsehood claim.

¶ 2. Finding no error, we affirm.

FACTS

¶ 3. Smith had been working for Magnolia Lady as a manager at the Lady Luck Casino in Coahoma County for around three months when her employment was terminated. On December 20, 1997, Smith was training another employee to become a manager, when the trainee set down an unmarked stack of one hundred dollar bills, worth ten thousand dollars. Video surveillance footage clearly showed Smith picking up the bills and placing them underneath plastic bags on a cart.

¶ 4. The cart with the money eventually made it to another part of the casino, where it was discovered. Smith and her co-workers were called, and bookkeeping entries were made to reflect the discovery of the misplaced money. The cart was visible on video surveillance from the time that Smith placed the money on the cart, to the time that the stack of bills was discovered. As explanation, Smith claims that she forgot about the ten thousand dollars after placing it on the cart. During her deposition, Smith was unable to provide any explanation as to why she placed the money on the cart.

¶ 5. Magnolia Lady told Smith to come in for her next scheduled work time as usual. Magnolia Lady also contacted the Coahoma County Sheriff's Department, so that law enforcement could conduct its own investigation into the incident. When Smith arrived for her next shift, she was taken into a room and questioned by casino security and the sheriff's department. Thereafter, Magnolia Lady terminated Smith's employment, and the district attorney initiated prosecution against Smith for embezzlement of the money. At the close of the State's case in the criminal trial, the judge granted a motion for directed verdict in favor of Smith. After her acquittal, Smith filed suit against Magnolia Lady, asserting the previously-mentioned claims.

¶ 6. Additional facts will be related as necessary in the analysis section of this opinion.

ANALYSIS AND DISCUSSION OF THE ISSUES

1. Summary Judgment

¶ 7. When reviewing the grant of a motion for summary judgment, we look at the trial court's decision de novo. Aladdin Constr. Co. v. John Hancock Life Ins. Co., 914 So.2d 169, 174 (¶ 9) (Miss.2005) (quoting Noxubee County Sch. Dist. v. United Nat'l Ins. Co., 883 So.2d 1159, 1163 (¶ 6) (Miss.2004)). In conducting our review, we look at "all evidentiary matters, including admissions in pleadings, answers to interrogatories, depositions, and affidavits." Id. (citations omitted). We look at the evidence "in the light most favorable to the party against whom the motion for summary judgment has been made," here Smith. Id. at 175 (¶ 9) (citations omitted). If our review uncovers any genuine issue of material fact, the decision of the lower court must be reversed. Id. (quoting Mabus v. Saint James Episcopal Church, 884 So.2d 747, 756 (¶ 17) (Miss.2004)). However, Smith must provide "significant probative evidence showing that there are indeed genuine issues of material fact" in order to prevail. Id. (quoting Murphree v. Fed. Ins. Co., 707 So.2d 523, 529 (Miss. 1997)).

¶ 8. Smith contends that the court erred in granting summary judgment to Magnolia Lady, and argues that genuine issues of material fact exist as to each of her claims. *902 Therefore, we will address each of Smith's claims separately.

Wrongful Discharge

¶ 9. Smith's basis for this argument is that she believed that after she had worked at Magnolia Lady for ninety days she would become a permanent employee. Therefore, she contends, since she was terminated after working more than ninety days, she was wrongfully discharged. Smith argues specifically that her status as a "permanent hire" was a factual determination that should have gone to a jury. Smith contends that Magnolia Lady failed to follow "certain steps outlined in the Employee Handbook" before firing her.

¶ 10. Our review of the employee handbook refutes Smith's contention that Magnolia Lady failed to follow the required steps before terminating her. The lengthy list of activities that team members are prohibited from doing includes "[u]nauthorized possession, use or removal of property belonging to [Magnolia Lady]" and "[d]ishonesty or failure to follow cash handling procedures." Smith's conduct that led to her termination was prohibited by both of these rules. The handbook clearly states:

Management has the right to determine whether particular conduct which may not be described in these rules or in the team member handbook, is not in the best interest of the Lady Luck or its operations and therefore warrants disciplinary action or termination. Management has the sole right to determine the type and sequence of discipline, if any. In addition, whether the particular conduct contravenes any of these rules will be determined solely by management, whose decisions or judgements on the foregoing matters are final and binding.

(emphasis added). The handbook provides a step-by-step process for contesting a termination, but the first step is that "[a] team member has forty-eight hours to notify the Director of Human Resources of his/her grievance." There is nothing in the record to reflect that Smith ever took this required step to begin a contest of her termination. In the absence of action by Smith, Magnolia Lady was free to discipline her as outlined in the handbook. Therefore, upon the record before us, Magnolia Lady did not fail to follow the proper steps before terminating Smith.

¶ 11. Additionally, we note that Smith was undoubtedly an at-will employee, and therefore, terminable at any time for any reason. Smith's application for employment, which she signed and dated, contains the following:

I hereby understand and agree that my employment, both during and after any introduction period is at will, and that nothing in this application or any other company document shall be deemed to create any contract or employment between me and the company and that my employment can be terminated at any time by myself or the company for any or no cause. I understand that my employment beyond the introductory period shall not result in any heightened expectation of continued employment. I understand and agree that any statements to the contrary, whether oral or written, are expressly disavowed and are not to be relied upon by me. . . .

The above passage, in contrast to most of the application, is underlined to provide emphasis.

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Bluebook (online)
925 So. 2d 898, 2006 WL 771574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-magnolia-lady-inc-missctapp-2006.