Burgess v. Decatur Federal Sav. & Loan Ass'n, 71993

Decision Date08 April 1986
Docket NumberNo. 71993,71993
Citation178 Ga.App. 787,345 S.E.2d 45
CourtGeorgia Court of Appeals
PartiesBURGESS v. DECATUR FEDERAL SAVINGS & LOAN ASSOCIATION.

Harold D. Corlew, Atlanta, for appellant.

F. Kytle Frye III, Atlanta, for appellee.

SOGNIER, Judge.

Barbara D. Burgess brought this wrongful discharge action against her former employer, Decatur Federal Savings and Loan Association (DFS). The trial court granted summary judgment in favor of DFS and Burgess appeals.

Appellant contends the trial court erred by granting summary judgment in favor of appellee because questions of fact remain as to her claim of breach of her employment contract with appellee. Appellant had worked for appellee for nine years as a secretary/accountant when she was fired for insubordination. Appellant argues that appellee's stated reason for her termination, that appellant had taken an unauthorized absence from her job, was false, and that appellee's Employee Benefits and Policies manual ("manual") constituted a binding contract between the parties such that appellant became subject to termination only as outlined in the manual.

"We do not view this manual setting forth certain policies and information concerning employment with appellant necessarily as a contract [cit.], and even if considered as a contract, it was clearly terminable at will because it failed to specify a period of employment. [Cit.] ... Therefore, in the absence of a definite period of employment, the manual did not bestow upon appellee the status of permanent lifetime employee of appellant. [Cit.] Employment was thus terminable at the will of either party. [Cit.]" Ga. Ports Auth. v. Rogers, 173 Ga.App. 538, 539(1), 327 S.E.2d 511 (1985). The trial court did not err in granting summary judgment against appellant. Id.; Miles v. Bibb Co., 177 Ga.App. 364(1), 339 S.E.2d 316 (1985); Anderberg v. Ga. Elec. &c. Corp., 175 Ga.App. 14, 15(1), 332 S.E.2d 326 (1985).

Judgment affirmed.

BANKE, C.J., and BIRDSONG, P.J., concur.

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9 cases
  • Nida v. Echols
    • United States
    • U.S. District Court — Northern District of Georgia
    • 15 Septiembre 1998
    ...450 (1987) Swanson v. Lockheed Aircraft Corp., 181 Ga. App. 876, 882(2), 354 S.E.2d 204 (1987); Burgess v. Decatur Fed. Sav. & Loan Ass'n, 178 Ga.App. 787, 787-88, 345 S.E.2d 45 (1986). Finally, the manner in which a company typically behaves, as construed by a discharged employee, also doe......
  • McDonnell v. Episcopal Diocese of Georgia
    • United States
    • Georgia Court of Appeals
    • 17 Marzo 1989
    ...of employment. Compare Swanson v. Lockheed Aircraft Corp., 181 Ga.App. 876(2), 354 S.E.2d 204 (1987); Burgess v. Decatur Fed. Savings, etc., Assn., 178 Ga.App. 787, 345 S.E.2d 45 (1986); Miles v. Bibb Co., 177 Ga.App. 364, 339 S.E.2d 316 (1985). I would accordingly hold that the trial court......
  • Moore v. Tri-City Hosp. Authority
    • United States
    • U.S. District Court — Northern District of Georgia
    • 27 Junio 1988
    ...more than an "at-will" employment relationship unless it specifies a fixed period of employment. Burgess v. Decatur Federal Savings & Loan Assoc., 178 Ga.App. 787, 788, 345 S.E.2d 45 (1986). Additionally, in McClure v. Leasco Computer, 134 Ga.App. 871, 216 S.E.2d 689 (1975), although there ......
  • H&r Block Eastern Enter.S Inc v. Morris
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • 17 Mayo 2010
    ...the identification of the services to be performed, the place of employment, and compensation. See, e.g., Burgess v. Decatur Fed. Sav. Assoc., 178 Ga.App. 787, 345 S.E.2d 45, 46 (1986) (ruling, even if an implied contract had been created based on an employment manual, “it was clearly termi......
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