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Mississippi Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Mississippi on
Q: Can company pay salaried employees who didn't work during a shutdown the same as salaried employees who DID work?

We had a network breach that shut down the plant for 2 weeks. Management informed salaried employees to use PTO during that time. During this 2 week period our department (Test Engineering) and our IT department continued to work while everyone else was sent home. Management made announcement... View More

James L. Arrasmith
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answered on Jun 15, 2024

During a shutdown, it can be frustrating to see that employees who didn't work are paid the same as those who did. However, companies often have policies that apply across the board to ensure fairness and compliance with labor laws.

Management’s decision to pay all salaried...
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2 Answers | Asked in Employment Law, Civil Litigation, Gov & Administrative Law and Municipal Law for Mississippi on
Q: My car was towed from my job today saying I am suppose to have a FedEx handicap placard which *we don’t have* instead of

The handicap card I had displaying on my windshield. I have it because my disabled mother lives with me and we are sharing my car at the moment while we get her vehicle fixed . I am her sole caretaker and my vehicle is the one she rides in. How can this be legal ? I have two small children and my... View More

James L. Arrasmith
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answered on Feb 25, 2024

It sounds like you're going through a very stressful and unfair situation. Being towed under these circumstances, especially when you rely on your vehicle for essential duties as a caretaker, is incredibly challenging. The first step is to gather all relevant documentation, including the... View More

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1 Answer | Asked in Business Law, Contracts, Employment Law and Tax Law for Mississippi on
Q: Do I have legal rights to property after separating from fiancé, and who inquires about missing tax refund?

I was in a relationship with my fiancé for almost 14 years, during which we lived together and combined our finances. We have a joint bank account and I worked throughout the relationship, purchasing and paying for most of what we have. My fiancé only worked intermittently for about 3 or 4 years.... View More

Randall R. Saxton
Randall R. Saxton
answered on May 22, 2025

Since you were not legally married, you were not eligible to file a joint tax return. Therefore, he may only inquire about his own return, and you may only inquire about yours.

1 Answer | Asked in Employment Law for Mississippi on
Q: Seeking legal advice on wrongful termination and discrimination issues.

My husband was wrongfully terminated on 4/30/25 due to claimed performance issues, leading to insurance lapsing and ending his probation period without prior warnings. When approached, the CEO's understanding from the manager was flawed, reflecting refusal based on a task weeks after hiring,... View More

James L. Arrasmith
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answered on May 15, 2025

It sounds like your husband may have been subject to wrongful termination and potential discrimination. If he was fired for performance issues that were not properly communicated to him through warnings or feedback, that could be a violation of standard employment practices, especially if he... View More

1 Answer | Asked in Child Custody, Civil Litigation, Employment Law and Family Law for Mississippi on
Q: How can I ensure my evidence is heard in court about my son's case?

I attended an emergency court hearing in Chancery Court concerning my son, where I felt my evidence was not adequately reviewed by the judge. The father of my son has been impersonating him and orchestrating fights between him and a classmate. Despite my son’s detailed testimony indicating the... View More

James L. Arrasmith
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answered on May 14, 2025

It’s incredibly frustrating when you feel like your voice wasn’t fully heard in court, especially when the safety and well-being of your child are at stake. Even though emergency hearings move quickly, you still have the right to present your evidence and make sure both sides of the situation... View More

1 Answer | Asked in Employment Law and Military Law for Mississippi on
Q: Will I face consequences for requesting discharge from Army National Guard after signing contract?

I signed a contract with the Army National Guard at MEPS on November 26, 2024. I am having second thoughts and want to get discharged due to personal reasons such as starting college, which conflicts with my scholarships. My Sergeants are refusing my request to get discharged, stating I will be... View More

James L. Arrasmith
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answered on May 8, 2025

The National Guard operates differently from the regular military's Delayed Entry Program (DEP). When you signed your contract at MEPS, you effectively became a member of the National Guard, even though you have not yet attended basic training. This makes the discharge process more complex... View More

Q: Help with motion for reconsideration after probation revocation in Mississippi.

My boyfriend was originally charged with burglary 10 years ago and served 8 years in prison. After being released on probation, he was arrested on January 5th for a domestic violence simple assault charge, which was subsequently dismissed. Despite this, his probation was violated, leading to a... View More

James L. Arrasmith
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answered on Apr 13, 2025

What you’re going through is incredibly hard, especially when your boyfriend’s recent arrest was dismissed and the main issue comes down to unpaid court costs. A motion for reconsideration gives the judge a chance to re-evaluate the sentence, especially if new facts, changed circumstances, or... View More

1 Answer | Asked in Employment Discrimination, Sexual Harassment and Employment Law for Mississippi on
Q: Victim of workplace discrimination and harassment in Mississippi, seeking steps to address the situation.

I am a victim of workplace discrimination and harassment involving co-workers, my supervisor, and management. The bullying was so severe that it caused my blood pressure to reach stroke levels on two occasions. Due to this, I was off work, and during this period, my fiancé was fired for taking me... View More

James L. Arrasmith
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answered on Apr 12, 2025

I'm really sorry you're dealing with such a difficult and harmful situation at work. The first thing you should do is document everything, including dates, incidents of harassment, any communications with your supervisor or HR, and your medical records. This will help you build a clear... View More

2 Answers | Asked in Agricultural Law, Employment Law, Landlord - Tenant and Real Estate Law for Mississippi on
Q: Threatened eviction after being fired; no formal documentation.

I have been an employee for a farmer who owns Sistrunk Farms, LLC. Recently, after a meeting, our boss told everyone we "quit," even though we did not, and he fired us. My boss also threatened to turn off our utilities by Monday if we are not out of the house, even though there is no... View More

James Blount Griffin
James Blount Griffin
answered on Apr 4, 2025

The problem for the landlord is that labor law and eviction law are under different statutes and standards. I would go to the local legal aid office; look up "Mississippi Center for Legal Services Alabama" on the web.

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1 Answer | Asked in Employment Discrimination, Employment Law and Civil Rights for Mississippi on
Q: Favoritism, Nepotism, age discrimination, drug testing for one person 3X in one month and more at EVERSANA memphis

How do I file a lawsuit for Favoritism, Nepotism, age discrimination, drug testing for one person 3X in one month and more at EVERSANA memphis?

James L. Arrasmith
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answered on Jan 13, 2025

I'm sorry you're facing these challenges at EVERSANA Memphis. To address favoritism, nepotism, age discrimination, and excessive drug testing, start by carefully documenting each incident. Record dates, times, locations, individuals involved, and any witnesses or evidence that support... View More

1 Answer | Asked in Employment Law, Estate Planning and Antitrust for Mississippi on
Q: My home was paid off and somebody that's close to me took a loan out on my home but it didn't show up on the deed?

So it didn't show up on the deed but then he tried to sell my home like he was the owner and he couldn't get a clean title for it but he bought title insurance and now they're going to pay him back like he's the real owner but I'm the real owner and now he's he's... View More

Anthony M. Avery
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answered on Dec 2, 2024

Loans rarely show up on a deed except for an old style vendor's lien. Hire a MS or TN attorney to search the title and determine ownership of the property. You may have to file a quiet title action or at least a detainer. Consult with an attorney about the apparent thefts but realize you... View More

1 Answer | Asked in Employment Law, Estate Planning and Intellectual Property for Mississippi on
Q: How can I get the title for a truck that been at my house for a year and I did work on it and I'm in Mississippi.

What paper work I need and I done work on the truck so I need to get the title for it and the person will not answer the phone are give a call back

James L. Arrasmith
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answered on Dec 1, 2024

In Mississippi, you can potentially claim ownership of an abandoned vehicle through the mechanic's lien process, which is specifically designed for situations where you've performed repairs but haven't been paid.

First, you'll need to complete Form 78-905 (Notice of Sale...
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1 Answer | Asked in Employment Law and Civil Rights for Mississippi on
Q: How to go about suing a company for American Vunerable Abuse Act in State of Mississippi ?

My son is Autistic but highly functional, he does have certain things that he cannot learn certain things like how to drive and his right hand from his left, count money, and he is also ADHD, his employer knew this when they hired him, he worked for 2 weeks without pay, or the required background... View More

Arthur Calderon
Arthur Calderon
answered on Aug 27, 2023

I hate seeing this. Based on the facts as you've presented, your son may have a claim for discrimination and constructive termination; however, it is going to depend on some more facts, as those types of cases are very fact intensive. Your best bet is going to be to reach out to a lawyer to... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Environmental for Mississippi on
Q: How does an employee get help with working in a biased hostile work environment? M any issuer in the company.

Management tends to treat employees different when it comes to company policies only apply to the employees that speak up about issues or the ones that work hard and ask questions. When you go to the upper management, you get poorly treated. Management talks about personal information with all... View More

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

The complaints that you are making in your post sound like the working conditions in every corporate workplace in this country, so you are not alone. Favoritism based on providing sexual favors to management is prohibited by both Federal and State laws. While an employer cannot take adverse... View More

1 Answer | Asked in Employment Law, Appeals / Appellate Law, Civil Rights and Public Benefits for Mississippi on
Q: I was fired from Pizza hut jan.12 2023, I was told I was fired because my performance didn't meet their premiere standar

I didn't meet their premiere standards after they appealed my unemployment they said at hearing I got fired for missing 2 days in a row no call no show , but I know I worked those specific days cause Google maps and I worked my aunts birthday jan. 9. They are lying about the dates. . Can you... View More

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

First you need to have a hearing with an ALJ on your unemployment claim, and present your evidence showing that you were improperly terminated under false allegations. Then, once you win that, you need to contact an employee's rights attorney in your local area. You need to consult an... View More

1 Answer | Asked in Employment Law for Mississippi on
Q: IF FSLA guidelines for classifying Independent Contractors was in question from January 2021 until about October 13 2022

when a final ruling was made October 2022 for the Economic reality test.

How can they determine and force me to classify Independent contractors as employees for period Jan 2021 through Jan 2023?

N'kia (NLN)
N'kia (NLN)
answered on May 16, 2023

The economic reality test has been in place for years, although there have been several changes/attempted changes and clarifications/attempted clarifications in recent years. Also, in any given situation, there are numerous independent contractor rules that could apply. While there are the DOL rule... View More

1 Answer | Asked in Criminal Law, Employment Law, Personal Injury and Employment Discrimination for Mississippi on
Q: I NEED TO FILE EEOC RIGHT TO SUE LETTER BY JUNE17. HOW CAN I FIND SOMEONE?

EMPLOYER HAS 400 EMPLOYEES AND OWNER PARENT COMPANY HAS 10,000

Arthur Calderon
Arthur Calderon
answered on May 19, 2022

I would highly encourage you to reach out to an experienced lawyer to handle this. You can reach out to any attorney on this platform by clicking the contact information next to their name. Most lawyers, including those at my office, offer free consults to see what can be done to help you out.

1 Answer | Asked in Employment Discrimination and Employment Law for Mississippi on
Q: Can I sue a place of employment for a manager\general manager saying that I am nothing but wasted space?

A manager\general manager at a certain company came into my office and was talking to a fellow coworker. At first I was not paying much attention and I heard her say "I said it about that dumb ass over there" "nothing but wasted space". I looked around my coworkers monitor and... View More

Arthur Calderon
Arthur Calderon
answered on Mar 11, 2022

With the way that it looks, you may end up having a potential claim for constructive termination, given that your manager is creating an environment that is not suitable for working. That being said, you may want to consult a lawyer in your area to discuss further.

1 Answer | Asked in Employment Law for Mississippi on
Q: I was asked to take a urinalysis and have been suspended for 2 weeks while waiting for the results. Is this legal?

I filed an hr complaint for harassment against an employee at work. Since making that complaint I was asked to take a urinalysis drug test after returning from lunch break. I was suspended immediately until the results come back. However it’s been two weeks with no follow up. Is it legal to be on... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 5, 2022

This depends on why you were selected for the drug test. If the selection was random, or if your employer has a work-related reason to test you, then it can require you to remain out of work until the results are received. However, if you believe you were selected based on your complaint of... View More

1 Answer | Asked in Employment Law for Mississippi on
Q: Is it legal for my work to make us come in at 12 am and work us until 5 pm and then make us come right back in at 12 Am

Moreover I’m asking if it’s legal or not for them to work us around 17 hours and not allow us to get 8 hours of sleep in between shifts especially since I live a hour away from the workplace

Maurice Mandel II
Maurice Mandel II
answered on Sep 22, 2021

There is no Federal Law limiting the hours you are working . Certain states do have an 8 hour limit on the day unless extra hours are paid overtime premium pay. As long as you are receiving whatever overtime premium pay is required in your locale, you may be required to work this schedule, under... View More

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