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Senseney v. Mississippi Power Co.11/1/2005
NATURE OF THE CASE: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE
DISPOSITION: AFFIRMED - 11/01/2005
EN BANC.
. John Kenneth Senseney, Jr. sued his former employer, Mississippi Power Company, and his former supervisor, John Martin, alleging wrongful discharge and intentional infliction of emotional distress. Senseney's wife, Karen Senseney, asserted a loss of consortium claim based upon the allegedly wrongful termination. The Circuit Court of Harrison County found that Senseney was an employee-at-will and granted summary judgment to Mississippi Power and Martin. The Senseneys appeal, arguing that summary judgment was improper because an employment contract could have arisen from Mississippi Power's corporate guidelines.
. We find no error and affirm.
FACTS
. On December 10, 1997, John Senseney submitted his application for employment with Mississippi Power. The application stated, in pertinent part:
4. No obligation to hire/Employment At Will. I understand that completion of this application does not indicate whether there are any positions currently open nor does it obligate Southern Company to hire me. I also understand and agree that nothing in this employment application, in the Company's policy statements, personnel guidelines or employee handbook is intended to create an offer of employment and compensation with the Company or an employment contract between the Company and me. I understand and agree that employment with the Company will be on an at-will basis, meaning that my employment will be for no definite duration and can be terminated, with or without cause and with or without prior notice, at any time, at the option of either the Company or myself. Further, I understand that, except for an officer of the Company, no supervisor or manager may alter or amend my at will employment status and only an officer, of the Company has the authority to enter into any agreement for employment for a specified period of time and any such agreement must be in writing and executed by the Company and me. My signature below certifies that I understand that the foregoing is the sole and entire understanding between the Company and me concerning the duration of my employment and the circumstances under which my employment may be terminated and supercedes all prior arrangements, understandings and representations concerning my employment with the Company.
Senseney admitted that he read this language in the employment application before signing it. On January 5, 1998, Mississippi Power hired Senseney as a full-time employee with the job title of engineer.
. At some point, Senseney received a copy of Mississippi Power's corporate guidelines for progressive employee discipline. These guidelines stated:
PROGRESSIVE DISCIPLINE 3.9.1
This guideline advises management when discipline is appropriate and establishes the procedure and documentation required when discipline is necessary. For specific categories of misconduct requiring discipline, refer to Corporate Guideline 3.9 Employee Work Rules and Code of Conduct.
APPLICABILITY This guideline is for use by all levels of management and must be applied uniformly to all employees when discipline is appropriate.
It is the responsibility of management to provide a safe, orderly and efficient working environment for all employees. To accomplish this objective, disciplinary action sometimes becomes necessary. When this occurs, the supervisor must have a clear concept of what is fair and consistent treatment, and disciplinary action taken should be appropriate for the severity of the off
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