Burton v. John Thurmond Const. Co., Inc.
| Decision Date | 03 September 1991 |
| Docket Number | No. A91A0791,A91A0791 |
| Parties | , 124 Lab.Cas. P 57,316 BURTON v. JOHN THURMOND CONSTRUCTION COMPANY, INC. |
| Court | Georgia Court of Appeals |
Steven H. Ballard, Morrow, for appellant.
Troutman, Sanders, Lockerman & Ashmore, Mark S. Vanderbroek, Steven J. Whitehead, Atlanta, for appellee.
Burton sued John Thurmond Construction Company, Inc. (the Company) for the alleged breach of a written employment contract employing him as general manager for the Company. At the close of Burton's case, the trial court granted the Company's motion for a directed verdict. Burton appeals, claiming the trial court erroneously determined that the contract contained no definite term of employment and was terminable at will.
The contract provided that: The contract also provided that Burton would be entitled to one week of vacation after being with the Company for six months, and two weeks of vacation after one year with the Company.
After being employed for less than six months, the Company terminated Burton with one month of severance pay. Burton brought this action for breach of contract claiming the employment contract provided he was hired for a term of not less than one year. The Company defended, in part, by claiming the contract did not contain a term of employment, and was terminable at will. In granting the Company's motion for a directed verdict, the trial court found the evidence demanded a verdict for the Company because the contract did not specify a definite term of employment, and was terminable at will.
An employment contract containing no definite term of employment is terminable at the will of either party, and will not support a cause of action against the employer for wrongful termination. Fortenberry v. Haverty Furniture Cos., 176 Ga.App. 360, 361, 335 S.E.2d 460 (1985); Floyd v. Lamar Ferrell Chevrolet, 159 Ga.App. 756, 757, 285 S.E.2d 218 (1981). OCGA § 34-7-1.
The present contract provides for payment of a fixed salary per month. Under OCGA § 34-7-1, this creates a presumption that Burton was hired for the term of one month, after which the employment became terminable at the will of either party. Floyd, supra at 757, 285 S.E.2d 218. There is nothing in the contract indicating Burton was hired for a longer term. The provision for a monthly salary of $2,000 for six months and $3,000 for the next six months does not establish a pay period of longer than one month and raise the presumption of a longer term under OCGA § 34-7-1, nor is it a reference to a definite term of employment...
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