You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Robert Swindol v. Aurora Flight Sciences Corp.

Citations: 832 F.3d 492; 41 I.E.R. Cas. (BNA) 1035; 2016 U.S. App. LEXIS 14550; 2016 WL 4191136Docket: 14-60779

Court: Court of Appeals for the Fifth Circuit; August 8, 2016; Federal Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In the case of Swindol v. Aurora Flight Sciences Corporation, the plaintiff, Swindol, contested his termination on grounds of wrongful discharge and defamation. The core issue revolved around Swindol's termination for storing a firearm in his locked vehicle on company property, which he argued violated Mississippi Code Section 45-9-55. This statute provides a statutory exception to the employment-at-will doctrine, permitting a wrongful discharge claim when an employee is terminated under such circumstances. The Fifth Circuit had previously confirmed diversity jurisdiction and certified a question to the Mississippi Supreme Court, which held that Swindol's termination could indeed constitute wrongful discharge under the statute. Consequently, the Fifth Circuit reversed the district court's dismissal of the wrongful discharge claim and remanded it for further proceedings. Conversely, Swindol's defamation claim, which was based on statements labeling him a 'security risk,' was dismissed due to insufficient allegations of falsity, and this dismissal was affirmed. The outcome signifies a nuanced interpretation of Mississippi employment law, particularly concerning firearm policies and employer liability.

Legal Issues Addressed

Defamation Claim Requirements in Mississippi

Application: In this case, the defamation claim was dismissed due to lack of evidence showing the statements were false.

Reasoning: The district court dismissed Swindol’s defamation claim on the basis that he did not adequately allege the statements were false.

Employment-at-Will Doctrine Exception

Application: The case established a legislative exception to the employment-at-will doctrine as per Section 45-9-55, permitting tort action for wrongful discharge.

Reasoning: The court recognized a statutory exception to the employment-at-will doctrine in Mississippi, aligning it with public policy exceptions established in McArn v. Allied Bruce-Terminix Co.

Wrongful Discharge under Mississippi Code Section 45-9-55

Application: The principle was applied by allowing a wrongful discharge claim due to termination for having a firearm locked in a vehicle on company property, which is protected under Mississippi law.

Reasoning: The Mississippi Supreme Court responded affirmatively, stating that the statute allows for employer liability in wrongful discharge cases involving firearms stored in locked vehicles on company property.