Drake v. Advance Construction Service, Inc.

RHESA HAWKINS BARKSDALE, Circuit Judge:

For the summary judgment awarded Advance Construction Services, Inc., and Arrow Construction, Inc., against William Drake in this Mississippi diversity action, we conclude that material fact issues exist for Drake’s employment termination (allegedly for refusing to falsify reports to the Government); and that, if he was so discharged, this falls within Mississippi’s public policy exception to its employment-at-will doctrine. Accordingly, we REVERSE and REMAND.

I

In 1994, the United States Army Corps of Engineers (COE) contracted with Arrow for the…